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AF | BCMR | CY2003 | BC-2002-02825
Original file (BC-2002-02825.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02825
            INDEX CODE 129.01  131.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His time in grade (TIG) as an E5 be corrected to reflect  all  of  his
TIG from prior service in the US Navy and his date of rank (DOR) as an
Air Force E5 be changed from 7 Mar 00 to 25 Jul 99.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 7 Jan 02, AFI 36-2604 was changed  to  let  prior  service  members
retain all TIG if separated less than four 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  50%  of  his
TIG and was  only  out  for  35  days.  He  believes  this  change  is
discriminatory because it puts prior service  members  entering  after
the change in a clear advantage for promotion testing.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the US Navy from 12 Jan 93 and was  promoted
to E5 with a DOR of 16 Dec 98. He was discharged from the Navy  on  18
Mar 01 in the grade of E5.  He subsequently enlisted in the Air  Force
on 24 Apr 01 and his DOR as an E5 was established as 7 Mar 00.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO advises the applicant returned to  active  duty  with  1
month, 4 days adjusted date of separation  in  the  grade  of  E5.  He
received 50% TIG of E5 in accordance with AFI 36-2604, 1 Jul 99, which
awarded  members  50%  of  TIG.  The  applicant’s  adjusted  date   of
separation was less than two years; therefore, he received 50% of  TIG
of E5 and his DOR was established as 7 Mar 00.  Effective 18  Dec  01,
AFI 36-2604  was  changed  so  that  prior  service  enlisted  members
returning  to  active  duty  in  the  same  grade  before  the  fourth
anniversary of the adjusted rate of separation would receive  100%  of
TIG. The change was not grandfathered and was  effective  on  date  of
publication.  HQ  AFPC/DPPAO  asserts   that,   based   on   governing
directives, the applicant’s DOR was computed correctly and the  appeal
should be denied. However, if relief is granted,  his  DOR  should  be
adjusted to 25 Jul 99.

A complete copy of the evaluation, with attachments, is 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 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  to  warrant   changing   the
applicant’s TIG and DOR. The applicant’s contentions are  duly  noted;
however, we do not  find  these  assertions,  in  and  by  themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force. The applicant’s belief that his  circumstances  are  unfair  is
understandable, and we do not dispute that rule changes can, and often
do, have a tremendous impact on any  given  individual.  Nevertheless,
this is a fact of  life.  Policy  effective  dates  are  utilized  and
instrumental in many processes, and no system is or will be  perfectly
fair to everyone. Policies and regulations  often  change,  and  while
that may seem unfair, it is not inherently unjust. In this  case,  the
applicant has not established that his TIG and  DOR  were  incorrectly
computed or that he was treated any differently than  others  affected
by the governing directive in existence  at  the  time.  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 of having 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 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  this  application  in
Executive Session on 20 March 2003 under the  provisions  of  AFI  36-
2603:

                 Mr. Joseph C. Diamond, Panel Chair
                 Mr. Mike Novel, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02825 was considered:

   Exhibit A.  DD Form 149, dated 16 Aug 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, undated, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 02.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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