RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00833
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) for promotion to the grade of  staff  sergeant,
Air National Guard, be changed from 1 Sep 96 to 1 May 83, which  would
allow him to be promoted to the grade of technical sergeant  effective
15 Nov 97.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a staff sergeant in the Air Force Reserve from May  83  to  Nov
86.  However, when he enlisted in the Regular Air Force in Nov 86,  he
was not given credit for the time he  previously  served  as  a  staff
sergeant in the Air Force Reserve.

In support of  his  appeal,  the  applicant  provided  copies  of  his
discharge certificate, separation document, certificate of appointment
as a noncommissioned officer (NCO), supportive  statement,  and  other
documents associated with the matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available documentation indicates that the applicant enlisted  in  the
Air Force Reserve on 14 Apr 80 for a period of six years in the  grade
of airman basic (E-1).  He was honorably discharged from the Air Force
Reserve, effective 6 Nov 86, in the grade of staff sergeant (E-5).

On 7 Nov 86, the applicant enlisted in the Regular Air  Force  in  the
grade of airman first class.  He was honorably discharged on 2 Feb  96
in the grade of sergeant (E-4).   He  was  credited  with  9 years,  2
months, and 26 days of active duty service.

The applicant enlisted in the Air National Guard and as a  Reserve  of
the Air Force on 3 Feb 96 in the grade of sergeant (E-4) for a  period
of six years.

An AF Form 2096, dated 12 Aug 96, indicates  that  the  applicant  was
promoted to the grade of staff sergeant (E-5), effective 1 Sep 96.

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving in the Air National  Guard  in
the grade of master sergeant, having been promoted to that grade on 15
Sep 00.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Utilization,  ANG/DPPU,  reviewed  this  application  and
recommended  denial.   Based  upon  the  information  provided,   DPPU
indicated that they were unable to  determine  if  the  applicant  was
given an administrative demotion to the grade of airman (E-2) when  he
enlisted in the Regular Air Force.  They are aware that  usually  when
staff sergeants enlist in the  Air  Force,  they  take  some  type  of
administrative  demotion  upon  enlistment.   In  order  to  assume  a
position at the next higher grade, they  must  produce  an  acceptable
source document; that is, a promotion order.  According to  DPPU,  the
burden of proof  rests  on  the  applicant  to  prove  or  document  a
promotion history.

A complete copy of the DPPU evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  28
Dec 98 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Skills Management Branch, AFPC/DPPAE,  reviewed  this  application
and indicated that the applicant’s enlistment in the Regular Air Force
in the pay grade of E-2 was correct and in compliance with  Air  Force
policy.

A complete copy of the DPPAE evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant indicated that his appeal was not intended to change whether
or not he had been reduced to E-2, but to insure that he  had  been  a
staff sergeant in the Air Force Reserve for a period of  time  from  1
May 83 to 6 Nov 86, and, that during those years he upheld his part of
the contract.  It is based on his knowledge that as long  he  did  not
have a break in service, his DOR would revert  back  to  the  original
date upon his return to the Air National Guard or Air Force Reserve.

Applicant’s complete response and additional documentary evidence  are
at Exhibit G.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s  request,  The  Personnel  Operations  Branch,
ANG/DPFOC,  reviewed  this   application   and   recommended   denial.
ANG/DPFOC indicated that in accordance with the  governing  Air  Force
instruction, the applicant received the proper date of rank  upon  his
enlistment in the Air National Guard.

Complete  copies  of  the  ANG/DPFOC  evaluation  and  the  Air  Force
instruction are attached at Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 3 Jan
01 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit I).

_________________________________________________________________

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.   The  evidence  of  record
reflects that the applicant was a staff  sergeant  in  the  Air  Force
Reserve from May 83 to Nov 86.  After an enlistment in the Regular Air
Force in 1986 in the grade of  airman  first  class,  he  subsequently
enlisted in the Air National Guard, on 3  Feb  96,  in  the  grade  of
sergeant.  He was eventually promoted to the grade of  staff  sergeant
on 1 Sep 96.  He now requests that his DOR for promotion to the  grade
of staff sergeant be changed from 1 Sep 96 to 1 May 83.  He asserts it
was his understanding that as long as he  did  not  have  a  break  in
service his DOR to staff sergeant in  the  Air  National  Guard  would
revert to the original  Reserve  DOR.   We  note  that  the  governing
regulation pertaining to the Air National Guard appears to support his
contention.  We cannot truly say that it does because while  it  seems
evident that the applicant  did  not  have  a  break  in  his  overall
military service, he did have breaks between the  various  components.
As a result, this case was returned to  the  Air  National  Guard  for
further  clarification  regarding  this  matter.   However,   on   two
occasions the Air National Guard has failed  to  provide  us  with  an
adequate response to the question posed to them.  Therefore,  in  view
of our interpretation of the appropriate regulation concerning whether
the applicant should have been entitled to an  earlier  DOR  to  staff
sergeant after enlisting in the Air National Guard and being  promoted
to the grade of staff sergeant, as well as the  lack  of  an  adequate
advisory opinion regarding this issue, we believe any  and  all  doubt
should be  resolved  in  favor  of  the  applicant.   Accordingly,  we
recommend that the  applicant’s  records  be  corrected  as  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.  His date of rank and effective date to the Reserve grade  of
staff sergeant was 1 May 1983, rather than 1 Sep 96.

      b.  He was promoted to the Reserve grade of  technical  sergeant
effective and with a date of rank of 15 Nov 97.

      c.  He was promoted to the  Reserve  grade  of  master  sergeant
effective and with a date of rank of 15 Nov 99.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 Apr 00 and 26 Feb 01, under the  provisions  of
AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. E. David Hoard, Member
      Mr. John E. Pettit, Member

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

     Exhibit A.  DD Forms 149, dated 23 Mar 98 and 26 Mar 98,
                 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ANG/DPPU, dated 30 Nov 98, w/atch.
     Exhibit D.  Letter, SAF/MIBR, dated 28 Dec 98.
     Exhibit E.  Letter, AFPC/DPPAE, dated 21 Dec 99.
     Exhibit F.  Letter, SAF/MIBR, dated 7 Jan 00.
     Exhibit G.  Letter, applicant, dated 11 Jan 00, w/atch.
     Exhibit H.  Letter, ANG/DPFOC, dated 2 Jan 01, w/atch.
     Exhibit I.  Letter, AFBCMR, dated 3 Jan 01.





                                   TERRY A. YONKERS
                                   Panel Chair




AFBCMR 98-00833




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:

            a.  His date of rank and effective  date  to  the  Reserve
grade of staff sergeant was 1 May 1983, rather than 1 Sep 96.

            b.  He was promoted to  the  Reserve  grade  of  technical
sergeant effective and with a date of rank of 15 Nov 97.

            c.  He  was  promoted  to  the  Reserve  grade  of  master
sergeant effective and with a date of rank of 15 Nov 99.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency