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AF | BCMR | CY2002 | 0200735
Original file (0200735.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00735
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

Reinstatement of his Promotion Sequence Number (PSN) 11276.0 for Cycle
99E5 to staff sergeant (E-5), promotions effective Sep 99 - Aug 00.
_________________________________________________________________

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  are  at
Exhibit A.

In support of his request, the applicant submits a personal statement,
statements  from  his  former  commander  and  current  commander  and
additional  documents  associated  with  the  issues  cited   in   his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 15 Dec 93.  On 14 Nov 99, he was released from  active  duty  under
the provisions of AFI 36-3208 (Completion of Required Active  Service)
and transferred to the Air Force Reserve.  He had completed a total of
5 years and 11 months and was serving in the grade of E-4 at the  time
of separation.  On 12 Jun 01, the applicant enlisted  in  the  Regular
Air Force in the grade of E-4 for a period of 4 years.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are  contained  in  the  letter
prepared by the appropriate offices of the Air Force at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be  denied.   DPPPWB  stated
that the applicant was tentatively selected for promotion to the grade
of staff sergeant (E-5)  during  Cycle  99E5  per  Promotion  Sequence
Number (PSN) 11276.0, which would have been incremented on 1  May  00.
When the applicant separated in the grade of E-4, before his promotion
to  E-5  would  have  been  effective,  the  projected  promotion  was
canceled.  The fact that he enlisted 19 months later does not  entitle
him to be promoted to E-5, a grade that he was selected for  almost  2
years earlier.  With an E-4 date of rank of 15 Dec 96,  the  applicant
will be eligible for promotion consideration to E-5 for the 02E5 cycle
(promotions effective 1 Sep 02  -  1  Aug  03).   The  HQ  AFPC/DPPPWB
evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he  was
forced to choose separation from the Air Force  because  he  exhausted
all his avenues to try to resolve his hardships.  While the Air  Force
was  unwilling  to  grant  him  an  assignment  and   the   Dependency
Certification, he felt that he had no other choice  but  to  sacrifice
his promotion and  postpone  his  military  career.   The  applicant’s
complete response is at 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.    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, we agree with the opinion and recommendation of the Air Force
office of primary responsibility 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.   In
view of the above and absent evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.
_________________________________________________________________

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 Docket  Number  02-00735
in Executive Session on 1 May 2002, under the provisions  of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. Christopher Carey, Member
              Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Feb 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 4 Mar 02.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 02.
   Exhibit E.  Letter from applicant, dated 22 Mar 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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