RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-01449
                 INDEX CODE:  108.09
      APPLICANT        COUNSEL:  NONE

                 HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reinstated to the grade of technical sergeant (E-6).

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APPLICANT CONTENDS THAT:

As a prior service individual he  started  the  process  of  reentering  the
Regular Air Force from the Air National Guard.  From August  1995  until  he
arrived at the Military Entrance Processing Station (MEPS)  he  was  assured
by his recruiter and her supervisor that he would retain his  current  grade
of technical sergeant.  Just prior to signing his contract, he was  informed
by the MEPS personnel that he would lose a grade to staff sergeant  and  the
only way he could retain the  rank  of  technical  sergeant  was  to  pursue
action through the Board for Corrections of Military Records.

In support  of  this  application,  the  applicant  submits  three  personal
statements, letters of recommendation and a  copy  of  his  Verification  of
Military Experience and Training (Exhibit A).

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
17 Jul 1984.  He was progressively promoted to the rank  of  staff  sergeant
(E-4) with an effective date and date of rank of 1 Apr 1992  and  served  on
active duty until 1 Jan 1994, when he was  released  from  active  duty  and
transferred into the Air Force Reserve on  2  Jan  1994.  He  had  served  9
Years, 5 months and 15  days  on  active  duty.   He  enlisted  in  the  Air
National Guard (ANG) and the Air Force Reserve for a period of 6 years on  8
Jan 1994.  He was promoted to the rank of technical sergeant (E-6) on 8  Aug
1994.  On 19 Feb 1996 he was discharged from the ANG and reenlisted  in  the
Regular Air Force in the grade of staff sergeant (E-5) on 20 Feb  1996.   As
of the Retirement Year Ending (RYE) 1 Jan 1996,  he  was  credited  with  11
years, 5 months and  15  days  of  satisfactory  Federal  service.   He  has
continued to serve in the  Regular  Air  Force,  entering  his  most  recent
enlistment on 19 Feb 2000, when he reenlisted for a  period  of  six  years.
He is currently serving in the grade of staff  sergeant  with  an  effective
date of 20 Feb 1996 and a date of rank of 13 Sep 1995.  He  is  currently  a
selectee for promotion to the grade of technical sergeant (E-6).

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AIR FORCE EVALUATION:

The  Chief,  Enlisted  Accessions  and   Enlistment   Branch,   AFPC/DPPAEQ,
indicated that at the time of his enlistment, the applicant had  accumulated
9 years, 8 months, and 2 days  of  total  active  federal  military  service
(TAFMS) of which 9 years, 5 months and 15 days was in the Regular Air  Force
as a staff sergeant and the remaining  time  with  the  Air  National  Guard
(ANG).  On 20 February 1996, the applicant both initialed and signed  an  AF
Form 3006, Enlistment Agreement-Prior Service, stating “I  am  enlisting  in
the pay grade of E-5.  I have no claim to a higher grade.  I  understand  my
entitlement to further promotions will be in accordance with regulations  in
effect at the time of my eligibility for promotion  and  provisions  do  not
exist to accelerate promotion due to prior service or the number of years  I
am enlisting for.”  In accordance with governing  directives  and  based  on
the applicant having more than 5 years and 6 months but less than  10  years
TAFMS, he enlisted as an E-5.  Based on the applicant’s TAFMS,  he  was  not
entitled to enlist in the higher pay grade.   Therefore,  DPPAEQ  recommends
the applicant’s request be denied (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(Exhibit D).

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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.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
other than his own assertions, we are not persuaded by the evidence that  he
was improperly advised or intentionally misled  as  to  the  rank  he  would
receive upon reentering the Regular Air Force from the Air  National  Guard.
His options were clearly paid out  for  him  prior  to  his  initialing  and
signing the AF Form 3006, Enlistment Agreement-Prior Service, stating “I  am
enlisting in pay grade E-5.  I have no claim to a higher grade I  understand
my entitlement to further promotions will be in accordance with  regulations
in effect at the time of my eligibility for promotion and provisions do  not
exist to accelerate promotion due to prior service or number of years  I  am
enlisting for.”  Therefore, in the absence of evidence to the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

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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.

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The following members of the Board considered this application in  Executive
Session on 24 October 2002, under the provisions of AFI 36-2603:

      Henry Romo, Jr., Panel Chair
      Ms Brenda L. Romine, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Mar 01, w/atchs..
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAEQ, dated 5 Sep 01.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
    Exhibit E.  Applicant’s Response dated 1 Oct 01.




                                   HENRY ROMO, JR
                                   Panel Chair