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AF | BCMR | CY2001 | 0001520
Original file (0001520.doc) Auto-classification: Denied





                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01520
            INDEX CODE:  102.00, 102.07

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her grade be changed from airman first class to  staff  sergeant  in
the Oct 98 time-frame.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to  be  in  error  or
unjust and the evidence submitted in support of  the  appeal  is  at
Exhibit A.

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, Reserve of the Air Force Promotion Board Secretariat,  HQ
ARPC/DPB, reviewed this application  and  indicated  that  there  is
nothing  to  support  the  applicant  holding  the  grade  of  staff
sergeant.  Her personnel record consistently specifies her grade  as
airman first class.  All orders transferring her from assignment  to
assignment and her participation  record  consistently  reflect  the
grade of airman first class.  The  Chief  states  that  at  no  time
during her different assignments within the Air  Force  Reserve  did
she ever meet the requirements for promotion to staff sergeant.   In
order to be eligible for promotion, the member must hold  a  5-skill
level in their Air Force specialty code (AFSC); have a minimum of 12
months’  time-in-grade;  have  three  years’  satisfactory   Federal
service for retirement; must complete the  appropriate  professional
military education (PME) courses; and, be a satisfactory participant
according  to  AFI  36-8001,  Reserve  Personnel  Participation  and
Training.   As  of  25 Jan  00,  the  applicant  had  one  year   of
satisfactory  participation,  completed  in  Jan  93,  and  had  not
completed PME.  The  Chief  recommends  denial  of  the  applicant’s
request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and disagrees  with  the
advisory opinion.  She states that the advisory opinion  is  derived
from an incomplete personnel record.  Contents of her  records  were
obviously lost or destroyed.  She is sure there is not much  in  her
personnel records because when she requested  them,  they  were  not
available.

Applicant’s complete response is attached at Exhibit E.

On 26 Jan 01, the Air Force Board for Correction of Military Records
(AFBCMR) staff requested the applicant provide any promotion orders,
leave and earnings statements,  etc.,  that  she  may  have  in  her
possession reflecting her grade of staff sergeant in the  1998  time
frame before presenting her case to the Board (see Exhibit F).

On 30 Jan 01, the applicant indicated that, due to  the  flood  that
took place while she resided in  California,  her  promotion  papers
were lost (see Exhibit G).

_________________________________________________________________

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.   We  have
reviewed  the  entire  application,  including   the   documentation
submitted by the applicant reflecting her grade as  staff  sergeant.
However, we are not  sufficiently  persuaded  that  her  contentions
override the comments provided by the Air Force.  In  this  respect,
the Chief, Reserve of the Air  Force  Promotion  Board  Secretariat,
stated that at no time during her different assignments  within  the
Air Force Reserve did the applicant ever meet the  requirements  for
promotion to staff sergeant.  In addition, the Chief stated that her
personnel record consistently specifies her grade  as  airman  first
class and all orders transferring her from assignment to  assignment
and her participation record  consistently  reflects  the  grade  of
airman first class.   The  applicant  has  not  provided  persuasive
evidence that would corroborate her allegation that her grade should
be changed from airman first class to sergeant.  Should she  provide
evidence to substantiate her claims, the Board would be  willing  to
reevaluate her application.  However, in view of the  foregoing,  we
agree with the  recommendation  of  the  Air  Force  and  adopt  the
rationale expressed as the basis for our decision that the applicant
has failed to sustain her burden that she  has  suffered  either  an
error or an injustice.  Therefore, we find no  compelling  basis  to
recommend granting the relief sought.

4.    The applicant’s case is adequately documented and it  has  not
been shown that a personal appearance, with or without counsel, will
add to our understanding of the issue(s) involved.   Therefore,  the
request for a hearing is not favorably considered.

_________________________________________________________________

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 13 March 2001,  under  the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. Steven A. Shaw, Member
                  Mr. William H. Anderson, Member











The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 May 00, w/atchs.
     Exhibit B.  Applicant's Available Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 31 Oct 00.
     Exhibit D.  Letter, AFBCMR, dated 17 Nov 00.
     Exhibit E.  Letter fr applicant, undated.
     Exhibit F.  Letter, AFBCMR, dated 26 Jan 01.
     Exhibit G.  Letter fr applicant, 30 Jan 01, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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