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AF | BCMR | CY2003 | BC-2002-02615
Original file (BC-2002-02615.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02615

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to SSgt (E-5) be corrected from 10 Feb 00 to 16
Jun 96, his DOR when he served in the U.S. Navy.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 7 Jan 02, the AFI 36-2604 was changed to let prior service  members
retain all time in grade if separated for less  than  4  years.   This
change was not grandfathered to prior service members that returned to
active duty prior to the date of publication of the change.  He lost ¾
of his time in grade and he was only separated  for  2  years  and  10
days.  He believes this change is discriminatory because it puts prior
service members entering after the change in  a  clear  advantage  for
promotion testing.

In support of his appeal, the applicant submitted a  copy  of  his  DD
Form 214, Processing Orders,  personal  data  sheet,  and  publication
change to AFI 36-2604, a personal  statement,  and  letters  from  his
rating chain.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the  grade  of  staff
sergeant.  Upon entry to active duty, Date of Rank was established  in
accordance with AFI 36-2604, para 8.2 (Atch 1).  Applicant’s  adjusted
date of separation was more than  2  years  but  less  than  4  years;
therefore, applicant received 25% of time in grade of E-5 and date  of
rank was established as 10 Feb 00.  Effective 18 Dec 01  AFI  36-2604,
para 8.2, was changed to read, “prior service  enlisted  returning  to
active duty in the same grade, before the fourth  anniversary  of  the
adjusted date of separation would receive 100% of time in grade.  This
change replaced para 8 in its entirety.  Changes are not grandfathered
and effective on date of publication.”

Applicant was enlisted in the U.S. Navy from    11 Jan 90 to 13 Aug 98
and was promotion  to  E-5  on  16  Jun  96.   Applicant  subsequently
enlisted in the  Air  Force  on  25  Aug  00  and  date  of  rank  was
established as 10 Feb 00.  Applicant returned to active  duty  with  2
years, 10 days adjusted date  of  separation  in  the  grade  of  E-5.
Applicant received 25% time in grade of E-5 in accordance with AFI 36-
26-4, para 8.4, 1 Jul 99 (Atch 2) which awards members 25% of time  in
grade if adjusted date of separation is more than  2  years  but  less
than 4 years.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO  stated  that  based  on  the  governing   directive,   the
applicant’s date  of  rank  was  computed  correctly;  therefore  they
recommend his request be denied.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 6 Dec 02 for review and comment.  As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that his DOR for SSgt and EAD should be changed from 10  Feb
01.  Applicant’s contentions are duly noted; however, we do  not  find
these uncorroborated assertions, in and  by  themselves,  sufficiently
persuasive to override the rationale provided by the Air  Force.   The
applicant’s AF Form 3006, Enlistment Agreement, clearly indicates that
he understood that he had no claim to a higher grade and that  10  Feb
01 would be his rank as well as his date of enlistment.  We  therefore
agree with  the  recommendations  of  the  Air  Force  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 persuasive  evidence
to the contrary, 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 a 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  02-02615
in Executive Session on 29 January 2003, under the provisions  of  AFI
36-2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Mr. Joseph A. Roj, Member
                 Ms. Martha Evans, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Jun 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAO, undated, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 6 Dec 02.





      PHILIP SHEUERMAN
      Panel Chair

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