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AF | BCMR | CY1999 | 9802595
Original file (9802595.doc) Auto-classification: Approved




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02595
            INDEX CODE:  131.05

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her rank be changed to reflect airman first class (E-3).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an oversight, she was enlisted in the grade of airman basic (E-
1) but should have  been  enlisted  in  the  grade  of  E-3  based  on
completed college transcripts.

In support of her appeal, applicant submitted a copy  of  her  student
transcripts, dated 22 and 24 Jun 98.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Utilization,  ANG/DPPU,  reviewed  this  application  and
indicated that in  accordance  with  Air  National  Guard  Instruction
(ANGI) 36-2002 (Enlistment and  Reenlistment  in  the  ANG  and  as  a
Reserve of the Air Force), Table 1.7, Rule 5,  Note 4,  “Certification
of completed college semester  hours  is  required.   Examples  are  a
certified college transcript or a validated letter from the  college.”
Note 1 states, “Documents presented  after  enlistment  processing  is
completed may not be used as  a  basis  for  changing  the  enlistment
grade...(No  waivers  will  be   considered).”    The   administrative
enlistment in the grade of E-1 was correct and the  applicant  is  not
entitled to be promoted to the grade of E-3.  She enlisted  on  11 Jun
98 and the college transcript is dated after the fact.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
14 Dec 98 for review and response.  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  error  or  injustice.   After  thoroughly
reviewing the evidence of record, we are  persuaded  that  applicant’s
enlistment grade while in the ANG should have been airman first class,
rather than airman basic.  She has provided no evidence that  she  was
miscounseled about presenting her college transcripts which would have
entitled her to a higher enlistment grade.  However, in  our  opinion,
we believe any reasonable person, if properly  counseled,  would  have
presented these  documents  at  the  time  of  enlistment  or  delayed
enlistment until able to obtain them.  In this respect, we  note  that
the dates on the transcripts  were  less  than  two  weeks  after  her
enlistment.  We believe that to deny her the higher  enlistment  grade
is somewhat harsh.  In view of the foregoing and in  order  to  remove
any possibility of an injustice, we  believe  this  matter  should  be
resolved in the applicant’s favor.  Therefore, we recommend  that  her
records be corrected to show  that  she  enlisted  in  the  Air  Force
Reserve in the grade of airman first class rather than airman basic.

_________________________________________________________________






THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that she enlisted  in  the
Air Force Reserve on 11 Jun 98 in the  grade  of  airman  first  class
rather than airman basic.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 August 1999, under the provisions of  AFI  36-
2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Mr. Lawrence R. Leehy, Member
              Ms. Leta L. O’Connor, Member
              Mrs. Joyce Earley, Examiner (without vote)

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

     Exhibit A.  DD Form 149, dated 9 Sep 98, w/atchs.
     Exhibit B.  Microfiche.
     Exhibit C.  Letter, ANG/DPPU, dated 16 Nov 98, w/atchs.
     Exhibit D.  Letter, AFBCMR, dated 14 Dec 98.




                                   WAYNE R. GRACIE
                                   Panel Chair


INDEX CODE:  131.05

AFBCMR 98-02595




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 pertinent military records of  the  Department  of  the  Air
Force relating to    be corrected to show that she enlisted in the Air
Force Reserve on 11 June 1998 in the grade of airman first class (E-3)
rather than airman basic (E-1).







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency


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