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AF | BCMR | CY1999 | 9802843
Original file (9802843.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02843
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade at the time of his discharge from the  Air  Force  be  changed  to
reflect staff sergeant (E-5) vice sergeant (E-4).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Certificate of Release or Discharge from Active Duty (DD  Form  214)  is
incorrect because his discharge certificate (DD From  256  AF)  reads  staff
sergeant.

In support of his appeal, the applicant provided his discharge  certificate,
and DD Form 214.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 August 1975, in the  grade
of airman basic for a period of four years.

Applicant was progressively promoted to  the  grade  of  Sergeant  effective
1 August 1979.

On 25 July  1981,  applicant  was  honorably  discharged  in  the  grade  of
sergeant,  under  the  provisions   of   AFR   39-10   (Completed   Extended
Enlistment).  He served 5 years and 11 months total active duty.

His separation orders and DD Form 214 indicate he was serving in  the  grade
of sergeant.  The DD Form 256 indicated his rank was staff sergeant.



Applicant enlisted in the Air Force Reserve on  7  September  1982,  in  the
grade of staff sergeant (E-5).  Records indicate that he  was  a  member  of
the Air Force Reserve until 30 May 1984, on which  date,  he  was  honorably
discharged in the grade of staff sergeant to enlist  in  the  Army  National
Guard.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Inquiries/AFBCMR Section, Enlisted Promotion &  Military  Testing
Branch, HQ AFPC/DPPPWB, reviewed this application and states that  a  review
of the applicant’s records reflects that he was promoted  to  the  grade  of
senior airman on 1  July  1978  and  appointed  to  noncommissioned  officer
status (sergeant) on 1 August 1979.  He was discharged from active  duty  on
25 July 1981 as a sergeant and later enlisted in the Air Force Reserve as  a
staff sergeant with the date of rank of 7 September 1982.   His  records  do
not contain an order promoting him to SSgt  while  on  active  duty  in  the
Regular Air Force.  He was discharged from active duty in his  proper  grade
and no correction to his DD Form 214 is authorized or required.   Therefore,
they recommend denial of applicant’s request.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The counsel reviewed the evaluation and states  that  there  is  no  further
evidence available from applicant’s  personal  records.   Therefore,  it  is
requested that applicant’s case be processed.

Counsel’s response, with attachments, is attached at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or  injustice.   After  reviewing  the  evidence
submitted with this appeal, we are not persuaded that the applicant’s  grade
at the time of his discharge from the  Air  Force  is  either  in  error  or
unjust.  The discharge certificate (DD Form 256AF) does reflect the rank  of
staff sergeant.  However, there is no record of a promotion to the grade  of
staff sergeant in the member’s military records.  His separation orders  and
DD From 214 indicate he was serving in the grade of sergeant.   In  view  of
the above findings, we agree with the opinion and recommendation of the  Air
Force and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of an error or injustice.   Therefore,  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 February 1999, under the provisions of AFI 36-2603:

                  Mr. Henry Romo Jr., Panel Chair
                  Mr. John E. Pettit, Member
                  Ms. Olga Crerar, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 October 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 30 October 1998.
   Exhibit D.  Letter, SAF/MIBR, dated 16 November 1998.
   Exhibit E.  Letter, Counsel, dated 4 January 1999.




                                HENRY ROMO JR.
                                Panel Chair


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