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AF | BCMR | CY2002 | BC-2002-01482
Original file (BC-2002-01482.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01482

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His enlistment grade be corrected to reflect staff sergeant (E-5) and he  be
awarded half of his previous time in grade (TIG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have entered the Air Force as an E-5 and received credit for  half
of his time-in-grade (TIG) as an E-5 in the Navy.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the United States Navy from 16 June 1996  through  7
May 2000 and was progressively promoted to the grade  of  E-5.   He  had  16
months of time in grade (TIG) as an E-5.   At  the  time  of  his  honorable
discharge on 7 May 2000, he completed 3 years, 10 months,  and  20  days  of
active service, with 11 months and 26 days of prior inactive service.

The applicant enlisted in the Regular Air Force on  15  March  2001,  for  a
period of four years in the grade of E-4, with a date of rank  (DOR)  of  15
March 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAEQ recommends the application be denied and states, in  part,  that
the  applicant’s  enlistment  grade  was  determined  in   accordance   with
governing directives (i.e., more than two years but  less  than  five  years
and six months Total Active Federal Military Service (TAFMS))  and  that  he
enlisted in the appropriate grade of E-4.  He initialed and  signed  the  AF
Form 3007 acknowledging that he was enlisting in the grade of  E-4  and  had
no claim to a higher grade.  There is no evidence that he  was  misled  into
enlisting into the Regular Air Force as an E-4.

The AFPC/DPPAEQ evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The evaluation states that he would need five years and six months  time  in
service to enlist in a grade previously held in  a  branch  other  than  the
Regular Air Force; however, AFI 36-2002 states  that  the  time  in  service
requirement applies to those enlisting in a higher pay grade than last  held
in the Regular Air Force, or when last component was other than  Air  Force.
Since he did not want to enter as an E-6, he should have entered as an  E-5.
 Furthermore, his DOR was not established correctly.  Should the Board  deny
his request as pertains to his pay grade, he questions what  DOR  should  be
used.  He was never credited with one-half of his  previous  TIG  since  his
enlistment was before  his  second  anniversary  of  his  adjusted  date  of
separation (DOS).

The applicant’s complete response, with attachments, 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 error or injustice.  After a thorough review  of  the  evidence
of record  and  applicant’s  submission,  we  are  not  persuaded  that  his
enlistment grade or  date  of  rank  (DOR)  are  incorrect.   The  applicant
contends that since he did not want to enter  in  a  grade  higher  than  he
previously held, he should have entered as an E-5.  However,  in  accordance
with AFI 36-2002, since his last component was in a branch of service  other
than Air Force, he needed a minimum of  five  years  and  six  months  total
active military service to enlist in the Air Force  in  the  grade  of  E-5.
The applicant only had 3 years, 10 months and 20 days total active  service.
 The applicant also contends that his DOR  was  not  established  correctly;
however, the establishment of his DOR appears to be in accordance  with  the
governing directives.  Since he was enlisted as an E-4, his  time  in  grade
as an E-5 in the Navy cannot be counted toward his DOR as an  E-4.   He  has
provided no evidence that his  enlistment  grade  or  DOR  at  the  time  of
enlistment in the Regular Air Force were improperly computed or contrary  to
the governing regulations.   Therefore,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________







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  02-01482  in
Executive Session on 10 October 2002, under the provisions of AFI 36-2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Diane Arnold, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAEQ, dated 18 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 02.
      Exhibit E.  Letter, Applicant, undated, w/atchs.




                                   JOSEPH A. ROJ
                                   Panel Chair

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