RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-01569
                 INDEX CODE:  131

                 COUNSEL:  AMERICAN LEGION

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be promoted to the grade of staff sergeant (E-5)  or  technical
sergeant (E-6).

2.  He receive benefits from his  Air  Force  Reserve  retirement,  to
include a retired identification (ID) card, entry into DEERS and  that
he receive all back pay regarding a promotion.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he enlisted in the Air Force in September 1971, he had previously
obtained his Associates Degree  in  August  1971.   With  the  college
degree, he believes he should have been promoted to the rank of Airman
1st Class or E-3 upon his completion  of  Air  Force  basic  Training.
Applicant also states that he believes he was entitled  to  all  other
benefits of the Air Force Reserve retirement.

In  support  of  his  request,  applicant  submits  a  letter,   dated
19 February 1998, with attached  letter  of  5  June  1997,  which  is
attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 January 1998, the Board considered an application for correction
of military records pertaining to subject  applicant.   The  applicant
requested that he be issued a retirement order and  a  certificate  of
retirement.  Based on  the  advisory  opinion  from  Headquarters  Air
Reserve Personnel Center, Personnel Programs Division,  HQ  ARPC/DPAD,
the AFBCMR directed that the applicant’s discharge from the U. S.  Air
Force Reserve on 11 December 1987 be rescinded, that he be transferred
to the Honorary Retired Reserve and issued a  retirement  certificate.
(Exhibit B.)

Applicant submits another letter, dated 23 February  1998,  indicating
that in his original application, he submitted a letter, dated  5 June
1997, requesting that he be promoted to  the  higher  grade  of  staff
sergeant or more likely, promotion to the grade of technical sergeant.
 Applicant also stated that he believed he was entitled to  all  other
benefits of the Air Force  Reserve  retirement  which  includes  being
entered into  DEERS,  issued  a  retirement  identification  card  and
receive any and all back pay regarding a promotion.  (Exhibit C).

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AIR FORCE EVALUATION:

The Director, Personnel Program Management, HQ  ARPC/DP,  stated  that
members who are assigned to the  Honorary  Retired  Reserve,  and  not
entitled to retirement pay at age 60, are not issued  a  DD  Form  2AF
(Reserve) Identification Card.  Because the applicant is not  eligible
for the DD Form 2AF, or any entitlements  or  benefits  from  the  Air
Force Reserve, he cannot be enrolled into DEERS.  (Exhibit D).

The Chief,  Inquiries/BCMR  Section,  Enlisted  Promotion  &  Military
Testing Branch, HQ AFPC/DPPPW, stated that  the  applicant  served  on
active duty in the Regular Air  Force  from  9  September  1971  to  8
September 1975.  He was promoted to sergeant (E-4) on 1 September 1973
and released from active duty and transferred to the Air Force Reserve
in this  grade.   During  the  time  frame  he  was  on  active  duty,
individuals  competed  for  promotion  to  staff  sergeant,  technical
sergeant and master  sergeant  under  the  Weighted  Airman  Promotion
system (WAPS).  In order to compete for  promotion,  the  member  must
first be recommended by the commander, possess the appropriate Primary
Air Force Specialty Code (PAFSC) Skill Level, and  not  be  ineligible
for  any  of  the  disqualifying  factors  outlined  in  the  Enlisted
Promotion Regulation.  In accordance with regulation, promotion  files
are maintained for a  period  of  10  years  which  is  considered  an
adequate period to resolve any promotion inquiries or concerns.  As  a
result, AFPC/DPPW is unable to determine if the applicant met all  the
eligibility requirements and was  recommended  by  his  commander  and
considered.  In the absence of any documentation to the contrary, they
have no evidence to indicate he was not released from active  duty  in
the proper grade.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant’s counsel submitted a  letter  stating  that  the  applicant
questioned his enlistment in the Regular Air Force under  the  Stripes
for Education program.  Either the applicant entered under  a  special
enlistment program and was not advanced  in  grade  according  to  the
program or, was ineligible.

A copy of the counsel’s response is attached at Exhibit H.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Chief, Skills Management Branch, HQ AFPC/DPPAE,  states  that  the
“Stripes for Education and Training” program was established in  1980,
per IMC 80-1 (26 Feb 80) to AFR 33-3, Enlistment in the United  States
Air Force.  This program was effective with enlistments on or after 14
January 1980 and is not retroactive.  The applicant  enlisted  in  the
Air Force on 9 September 1971.  Therefore,  he  was  not  entitled  to
grade credit  for  his  education.   They  recommend  the  applicant’s
request be denied.  (Exhibit I).

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The additional Air Force evaluation was forwarded to the applicant  on
5 October 1998 for review and response within 30  days.   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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that he should receive benefits from his Air  Force  Reserve
retirement; or, that he should be  promoted  to  the  grade  of  staff
sergeant or technical  sergeant.   His  contentions  are  duly  noted;
however, we do not find these uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  We note that in applicant’s previous  request  this
Board corrected his records to reflect that he was transferred to  the
Honorary  Retired  Reserve  and  issued  a   retirement   certificate.
However,  as  stated  by  Headquarters  ARPC/DP,  in  accordance  with
Department of Defense Instruction 1000.13 and Air Force Instruction 36-
3001, members who are assigned to the Honorary  Retired  Reserve,  and
who are not entitled to retirement pay at age 60,  are  not  issued  a
Reserve Identification Card, are not entitled to any Air Force Reserve
benefits and cannot be enrolled into DEERS and we agree.

4.  With regard to applicant’s request for promotion, we note that the
applicant separated from active duty  on  8  September  1975  and  was
serving in the grade of sergeant (E-4).  The applicant would have  had
to compete for promotion and test under the Weighted Airman  Promotion
System (WAPS).  He would also have had to be recommended for promotion
by his commander, possess the appropriate Primary Air Force  Specialty
Code (AFSC) Skill Level and not be ineligible  for  any  disqualifying
factors under AFR 39-29.  HQ AFPC/DPPPW states  that  promotion  files
are maintained for a period  of  10  years  and  they  are  unable  to
determine if the applicant met all the  eligibility  requirements  and
was recommended  by  his  commander  and  considered.   They  have  no
evidence to indicate the applicant was not released from  active  duty
in the proper grade.   Therefore,  without  evidence  to  support  the
applicant’s request, we find no basis upon which to  recommend  he  be
arbitrarily promoted.

5.  The applicant contended that he should have been promoted  to  the
grade of airman first class (E-3)  at  the  time  he  completed  basic
training because he had previously obtained his Associates  Degree  in
August 1971.  However, as  stated  by  HQ  AFPC/DPPAE,  the  applicant
enlisted in the Air Force in  September  1971  and  the  “Stripes  for
Education and Training” program became effective with  enlistments  on
or after 14 January 1980.  Therefore, he would not have been  entitled
to grade credit for his education  at  the  time  he  completed  basic
training.  We therefore agree with  the  recommendations  of  the  Air
Force and adopt the rationale expressed as the basis for our  decision
that the applicant has failed  to  sustain  his  burden  that  he  has
suffered either an error or  an  injustice.   Therefore,  we  find  no
compelling basis to recommend granting the relief sought.

_______________________________________________________________________
_____________________

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 23 February 1999, under the provisions of AFI 36-
2603.

                  Mr. Benedict A. Kausal IV, Panel Chair
                  Dr. Gerald B. Kauvar, Member
                  Ms. Melinda J. Loftin, Member

The following documentary evidence was considered:

   Exhibit A.  Applicant’s Letter, dated 19 Feb 98, w/atch.
   Exhibit B.  Copy of AFBCMR Directive, dated 30 Jan 98.
   Exhibit C.  Applicant’s Letter, dated 23 Feb 98, w/atchs.
   Exhibit D.  Letter, HQ ARPC/DP, dated 6 May 98.
   Exhibit E.  Letter, AFBCMR, dated 18 May 98.
   Exhibit F.  Letter, HQ AFPC/DPPPW, dated 2 Jun 98.
   Exhibit G.  Letter, AFBCMR, dated 22 Jun 98.
   Exhibit H.  Counsel’s Letter, dated 22 Jul 98.
   Exhibit I.  Letter, HQ AFPC/DPPAE, dated 22 Sep 98.
   Exhibit J.  Letter, AFBCMR, dated 5 Oct 98.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair