DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-01 102 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

the Departmencof the Air Force relating 
d to show that, on 2 March 1996, he enli 
aiman basic (E-l), with an effective date and a date of rank of 2 March 1996. 

e in the grade of airman first class (E-3), rather than 

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Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-01102 
COUNSEL:  None 
HEARING ~ESIRED: NO 

DEC  0 4 1997  I 

APPLICANT REOUESTS THAT: 

His  records  be  corrected  to  show  that  he  enlisted  in  the  Air 
National  Guard  in the  grade  of  airman  first  class  (E-3), rather 
than airman basic  (E-1). 

APPLICANT CONTENDS THAT: 
He  enlisted  on  2 March  1996.  An  ANGRC  message,  dated  28  March 
1996, made  the  stripes for skills retroactive to  1 October  1995. 
His  AFSC  is  3P031  (Security Specialist),  which  is  an  authorized 
AFSC for the stripes for skills program. 

In  support  of  his  application, he  provided  a  copy  of  the  cited 
message  and  correspondence  concerning  the  issue  under  review 
(Exhibit A). 

STATEMENT OF FACTS: 

Information maintained in the Personnel Data System  (PDS) indicates 
that the applicant enlisted in the Air National Guard and the Air 
Force Reserve on 2 March  1996 for a period of  6 years.  Following 
his completion of training, he was assigned to duties as a Security 
Specialist. Documents provided by the applicant reveal that he had 
a date of rank as an airman (E-2) of 1 March 1997.  He is currently 
serving  in  the  grade  of  airman  first  class  (E-3) ,  having  been 
promoted to that grade on 1 September 1997.  During the retirement 
year  ending  (RYE) 1 March  1997, he  was  credited  with  153  total 
points and a satisfactory year of Federal service. 

AIR FORCE EVALUATION: 

The  Utilization  Branch,  Air  National  Guard  Readiness  Center, 
ANG/MPPUR,  reviewed  this  application  and  recommended  that  the 
applicant's  records be  corrected to reflect a pay grade of  airman 
first class with a date of  rank of  5 December 1996.  MPPUR  stated 

. 

that  this  recommendation  complies  with  established  Air  National 
Guard promotion and enlistment policy. 

Pursuant  to  the  Board's  request,  MPPU  again  reviewed  this 
application and  stated  that, based  on  the  input  from  the  State 
Adjutant General, HQ ANG Recruiting and Retention section, and HQ 
ANG Enlisted Promotion section, the applicant should be considered 
an  airman  first  class  with  a  date  of  rank  of  5  December  1996,~ 
without  entitlement  to  retroactive  pay.  This  recommendation  is 
based  upon  Air  National  Guard  promotion  authority  for  enlisted 
members and the applicant's  case file. 

Complete copies of the above opinions are at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

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Copies of the advisory opinions were forwarded to the applicant on 
15  September  1997  for review  and  comment.  As  of  this  date, no 
response has been received by this office. 

THE BOARD CONCLUDES THAT: 

1.  The applicant has  exhausted all  remedies provided by  existing 
law or regulations. 

2.  The application was timely filed. 

3.  Sufficient relevant evidence has been presented to demonstrate 
the existence of probable injustice.  The evidence provided by the 
applicant shows  that in August 1996, the Stripes for Skills Program 
was continued into Fiscal Year 1997 and that the provisions of the 
program  were  made  retroactive  to  1  October  1995, prior  to  the 
applicant's  enlistment.  A  second.communication indicated that the 
applicant's  AFSC  did  become  eligible  for  participation  in  the 
program  in  April  1996,  shortly  after  his  enlistment. 
This 
communication reiterated that the program had been made retroactive 
to  October  1995. 
We  have  noted  the  recommendation  that  the 
applicant's date of rank be changed but  that he not be entitled to 
backpay.  No  rationale is given for either recommendation.  Also, 
no explanation for the retroactive application of  the program  has 
been provided.  Therefore, we are left to interpret the evidence as 
seems best  to us.  In our estimation, the evidence suggests that, 
had  the  program  been  implemented  in  a  timely  fashion  (October 
1 9 9 5 ) ,   the applicant would have been entitled to enlist and perform 
duties in the higher grade.  Had this occurred, he would have been 
entitled to all pay and benefits due an airman first class.  It has 
generally not been the practice of  this Board to deny retroactive 
pay  and  allowances  to  a  member  who  otherwise  would  have  been 
entitled  to  such  benefits  but  for  an  error  or  injustice  in  the 

2 

AFBCMR 97-01102 

. 

record.  There is nothing in the record presented here which would 
cause us to do so now.  Therefore, the applicant’s records should 
be  corrected  to  show  he  enlisted  in  the  higher  grade,  with 
entitlement to all the pay and benefits due a member serving in the 
grade of airman first class. 

a 

THE BOARD RECOMMENDS THAT: 

4 

The pertinen 
the Department of  the Air  Force 
re 1 at ing  to 
be  corrected  to  show  that, on 
2 March  1996,  he  enlisted  in  the Air  National  Guard  and  the  Air 
Force Reserve in the grade of airman first class  (E-3), rather than 
airman basic  (E-l), with  an effective date and a date of  rank of 
2 March 1996. 

The following members of  the Board  considered this application  in 
Executive Session on 13 November  1997 under the provisions of AFI 
36-2603 : 

Mr. David C. Van Gasbeck, Panel Chairman 
Mr. Michael P. Higgins, Member 
Mr. Patrick R. Wheeler, Member 

All  members  voted  to  correct  the  records, as  recommended. 
following documentary evidence was considered: 

T h e  

Exhibit A.  DD Form 149, dated 1 March 1997, with attachments. 
Exhibit B.  Applicant’s Master Personnel Records. 
Exhibit C.  Letters, ANG/MPPUR and ANG/MPPU, dated 3 June and 
Exhibit D.  Letter, SAF/MIBR, dated 15 September 1997. 

9 September 1997. 

ne 1 C‘ha i’rman c/----- 

3 

AFBCMR 97-01102 

DEPARTMENT OF THE AIR FORCE 

A19 NATtONA.  aUARD READINESS CENTER 

MEMORANDUM FOR AFBCMR 

0 3  JUN  1997 

FROM:  ANGMPPUR 

3500 Fetchet Avenue 
Andrews AFB MD 20762-5157 

ilitary Records 

The attached Application for Correction of Milit 
r National Guard 

applicant a member of the 
your review and action. 

Records submitted by  the 
ANG), is forwarded for 

The applicant requests that the applicant’s military record be corrected to 
reflect a paygrade of Airman First Class (AlC) with a date of rank of 5 Dec 1996. 

T h s  Headquarters recommends granting relief to the applicant.  We verified 

that sufficient evidence does exist in the member’s military personnel record and 
submitted documentation to support this recommendation.  T h s  recommendation 
complies with established Air National Guard promotion and enlistment policy. 
Please direct any questions to MSgt Gowdy, ANGMPPUR, DSN 278-7500, Email 
tgo wdy a n g r c .  ang. af  rn il. 

FOR THE COMMANDER 

L 

NILDA E. URRUTIA, Lt Col, USAF 
Chief, Utilization 

EEP-11-1997  15:12 

FINGRUMPPA 

381  836  8822 

P.82/89 

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FROM:  ANGMPPU 

3500 Fetchet Avenue 
Andrews AFB, MD 20762-5157 

' 

The attached Appli 
applicant, a member of th 
your review and action. 

ectian ofMlitaq Records submitted by the 
National GuardaANG), is forwarded for 

This memorandum is forwarded per your request: to clarify our 3 Jun 97 

advisory. W e  recommend the applicant's date of rank @OR) to (E+3) be changed to 
5 Dec 96.  It seems the applicant 
2 Mar 96, however, based UPOR the 

g and Reten 
should be consi 

entitled to retroactive pay.  This recommendation is based upon Air National Guard 
promotion authority for enlisted members and the member's case tile. 

Please djrect any questions or correspondence to MSgt Gowdy, ANGIMPPUR, 

DSN 278-7500, Email gowdytaang.afimil. 

FOR I X i E  COMMANDER 

. 

Chief, Utilization