RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00134
            INDEX CODE:  112.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His enlistment grade be  changed  from  senior  airman  (E-4)  to  his
previous grade of staff sergeant (E-5), with a date of rank  of  1 Sep
95.

APPLICANT CONTENDS THAT:

He was miscounseled on his enlistment  options  for  the  Regular  Air
Force and as a result, he lost a stripe and active duty time.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  These documents are appended at Exhibit A.

STATEMENT OF FACTS:

Information extracted from the Personnel  Data  System  (PDS)  reveals
that the applicant contracted his initial enlistment  in  the  Regular
Air Force on 23 Oct 98 in the grade of senior airman  (E-4),  with  an
effective date and date of rank  of  23  Oct  98.   His  Total  Active
Federal Military Service Date is 12 Jul 93.

The relevant facts pertaining to this application 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 Skills  Management  Branch,  HQ  AFPC/DPPAE,  indicated  that  the
applicant was advised that, since he did not meet  the  minimum  total
active federal military service (TAFMS), he was not entitled to retain
the grade of staff sergeant (E-5) on his transfer to active duty.  The
applicant served as a Reservist on an extended active duty (EAD)  tour
from 2 Jun 97 to 4 Sep 98.  Prior to his date of separation (DOS),  he
requested to enlist in the Regular Air Force, in accordance  with  AFI
36-2002, paragraph 3.6.  The applicant was eligible  to  enlist  under
this provision but was advised he should seek  enlistment  through  an
Air  Force  Recruiter.   This  enlistment  option  resulted   in   the
adjustment of his date of rank (DOR) and a break  in  service.   After
further  review  of  applicant’s  case,  DPPAE  still   believes   the
applicant’s grade of senior airman is correct.  However, his break  in
service and the resulting adjustment to his TAFMS and DOR  could  have
been avoided if he had been correctly advised on  enlistment  options.
DPPAE recommended the applicant’s  record  be  corrected  to  show  he
enlisted in the Regular Air Force in the grade of E-4, with a  DOR  of
27 Jul 90, and  restoration  of  the  49  days  of  lost  TAFMS,  with
appropriate back pay and allowances (Exhibit C).

The Enlisted Promotion and Military Testing  Branch,  HQ  AFPC/DPPPWB,
stated that if the applicant’s DOR to senior airman (E-4) is corrected
to 27 Jul 90 and he is credited with 49 days additional  Total  Active
Federal Military Service (TAFMS), he will be entitled to  supplemental
promotion consideration to staff sergeant (E-5) for  the  99E5  cycle.
Selections for this cycle were made on 6 Aug 99 and  are  effective  1
Sep 99 - 1 Aug 00.  Although the applicant was selected for E-5 during
this cycle based on a DOR of 23 Oct 98 and a TAFMSD of 12 Jul  93,  an
earlier DOR and TAFMSD will result in an  earlier  Promotion  Sequence
Number (PSN).  His current PSN will be incremented 1 Aug 00.   If  his
DOR is corrected to 27 Jul 90 and his TAFMSD to 23 May 93, his new PSN
would be effective 1 Sep 99 (Exhibit D).

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  24
May 1999 and 10 September 1999 for review and response.   As  of  this
date, no response has been received by this office (Exhibit E).

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 reviewing  the  facts
and circumstances of this case, we agree with the  assessments  of  HQ
AFPC/DPPAE and adopt their rationale as  the  basis  for  the  Board’s
decision.  Inasmuch as the applicant  was  misinformed  regarding  his
enlistment options, he should  not  be  penalized  for  the  erroneous
information.  In this respect, we note that the  option  he  selected,
based on the  miscounseling,  resulted  in  a  break  in  service,  an
adjustment  to  his  date  of  rank  (DOR)   and   delayed   promotion
consideration  to  E-5.   As  to  the  applicant’s  request  that  his
enlistment grade be changed to his previous grade of staff sergeant (E-
5), we find no basis to recommend favorable action on this portion  of
the applicant’s request.  No evidence has been  provided  to  indicate
that the applicant met  the  minimum  Total  Active  Federal  Military
Service (TAFMS) requirement for enlistment in the grade  of  E-5.   In
view of  the  foregoing,  we  recommend  the  applicant’s  records  be
corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.    He was not released from active duty on 4 September  1998,
but was continued on active duty for the convenience of the government
until 22 October 1998, on which date he was  honorably  released  from
active duty and transferred to the Air Force Reserve.

      b.    On 23 October 1998, he enlisted in the Regular  Air  Force
in the grade of senior airman (E-4), with an effective date  and  date
of rank of 27 July 1990 rather than 23 October 1998.

It  is  further  recommended  that   he   be   provided   supplemental
consideration for promotion to the grade of staff sergeant  (E-5)  for
all appropriate cycles beginning with Cycle 99E5.

If  AFPC  discovers  any  adverse  factors  during  or  subsequent  to
supplemental consideration that are separate and apart, and  unrelated
to the issues involved in this application, that would  have  rendered
the applicant ineligible for the promotion, such information  will  be
documented and presented to the Board for a final determination on the
individual's qualifications for the promotion.

If supplemental promotion consideration results in the  selection  for
promotion to the higher grade, immediately after  such  promotion  the
records shall be corrected to show that he was promoted to the  higher
grade on the date of rank established by  the  supplemental  promotion
and that he is entitled to all pay, allowances, and benefits  of  such
grade as of that date.

The following members of the  Board  considered  this  application  in
Executive Session on 16 November 1999, under the provisions of AFI 36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Dr. Gerald B. Kauvar, Member
              Ms. Patricia D. Vestal, Member

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

   Exhibit A.  DD Form 149, dated 30 Dec 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 5 May 99.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 20 Aug 99.
   Exhibit E.  Letters, SAF/MIBR, dated 24 May 99 and 10 Sep 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR 99-00134




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 APPLICANT be corrected to show that:

            a.   He was not released from active duty on 4 September
1998 but was continued on  active duty for the convenience of the
government until 22 October 1998, on which date he was honorably
released from active duty and transferred to the Air Force Reserve.

            b.   On 23 October 1998, he enlisted in the Regular Air
Force in the grade of senior airman (E-4), with an effective date and
date of rank of 27 July 1990 rather than 23 October 1998.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of staff sergeant (E-5) for
all appropriate cycles beginning with Cycle 99E5.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated
to the issues involved in this application, that would have rendered
the applicant ineligible for the promotion, such information will be
documented and presented to the Board for a final determination on the
individual's qualifications for the promotion.

      If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such promotion
the records shall be corrected to show that he was promoted to the
higher grade on the date of rank established by the supplemental
promotion and that he is entitled to all pay, allowances, and benefits
of such grade as of that date.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency