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AF | BCMR | CY2003 | BC-2002-01958
Original file (BC-2002-01958.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01958
            INDEX CODE:  102.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His entry grade be corrected to reflect E-3, rather than E-2,  with  a  date
of rank (DOR) of 30 Aug 01.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was an E-4 with a DOR of 1 May 00 while in transition from the  Guard  to
active duty.  He lost two grades and is confused as to  why  he  would  have
lost rank.

In support of his request, applicant provided a copy of  his  Tennessee  Air
National Guard (ANG) separation order,  his  NGB  Form  22,  National  Guard
Bureau Report of Separation and Record of Service;  and  his  DD  Form  214,
Certificate  of  Release  or  Discharge  from  Active  Duty.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 29 Aug 01, the applicant was discharged from the ANG in the grade  of  E-
4.  On 30 Aug 01, he enlisted in the Regular Air Force in the grade of  E-2.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  reviewed  applicant's  request  and  recommends  denial.   DPPAE
states that AFI 36-2002 outlines the Total Active Federal  Military  Service
(TAFMS) requirements to enlist in a grade previously held in a branch  other
than the Regular Air Force.  To enlist in the grade of E-2 requires 90  days
TAFMS, E-3 requires 12 months, and E-4 requires 2 years TAFMS.  At the  time
of his enlistment, the applicant accumulated 9 months  and  17  days  TAFMS.
Upon  his  enlistment  he  signed  and  initialed  an  Enlistment  Agreement
acknowledging and understanding that he will be enlisting in the grade of E-
2 with no claim to a higher grade.  His enlistment grade was  determined  in
accordance with governing directives based  on  the  applicant  having  more
than 90 days and less than 12 months TAFMS.

The DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11  Oct
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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error  or  injustice  that  would  warrant  corrective  action.
After reviewing the available evidence of record it appears that  his  grade
and  date  of  rank  upon  enlistment  into  the  Air  Force  were  properly
determined.  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.
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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  02-01958  in
Executive Session on 15 Jan 03, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 3 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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