RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02036
INDEX CODE: 112.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His enlistment grade and date of rank (DOR) be corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he enlisted in the Maryland Air National Guard (ANG) in 1995 his
enlistment grade was E-5 with a DOR of 2 May 95. He researched the
applicable directives and determined that he should have enlisted as an E-6
with a DOR of 1 Oct 88, then demoted to E-5 with a DOR of 2 May 95. This
error is preventing him from being promoted to E-7 in a timely manner.
In support of his request, applicant provided copies of his enlistment
documents, his Army National Guard promotion order, and a personnel data
system printout. His complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Documents provided by the applicant reflect that he is a prior service Army
National Guardsman and that he enlisted in the Air National Guard on 2 May
95, in the grade of staff sergeant. He has been subsequently promoted to
the grade of technical sergeant, having assumed that grade effective and
with a date of rank of 1 Jul 00.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPFP reviewed applicant's request and recommends denial. DPFP states
that when he enlisted NGR 39-9, Grade Determination for Prior Service
Enlistees, was the applicable regulation. Table 2.8, Rule 2, clearly shows
the maximum grade that can be held, which was E-5, because it was prior to
the sixth anniversary of his Date of Service. As for the DOR adjustment,
Table 2-9, Rule 4 states that for all other service, that DOR is the date
of enlistment. The DPFP evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16 Aug
02 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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 error or injustice. Evidence has not been presented which
would lead us to believe that the regulations in effect at the time were
not appropriately applied or that he was treated differently than others in
similar situations. After reviewing the available evidence of record it
appears that his grade and date of rank upon enlistment into the Air
National Guard were properly determined. Accordingly, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. In
the absence of 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 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 216-82-5373 in
Executive Session on 2 Oct 02, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice, Panel Chair
Mr. Steven A. Shaw, Member
Mr. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jun 02, w/atchs.
Exhibit B. Letter, ANG/DPFP, dated 31 Jul 02, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 Aug 02.
THOMAS S. MARKIEWICZ
Vice Chair
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