RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02964

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to SSgt (E-5) be corrected from 6 Feb 01  to  1
Jan 96, his DOR when he served in the U.S. Army.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed that when he left the Army and joined  the  Air  Force
that his date of rank should have been the same.  When he  joined  the
Air Force, he was informed that everything would be  accepted  by  the
Air Force.  When he got to Nellis AFB, he was informed that  his  date
of rank was 6 Feb 01.  Military leadership does not  change  from  one
branch to another, that’s how we can have leaders from another  branch
of the military.  The Air  Force  took  his  Army  Primary  Leadership
Development Course, and did not make him attend the Air  Force  Airman
Leadership School.

In support of his appeal, the applicant submitted  copies  of  his  DD
Form 214, Processing Orders, personal data sheet,  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.  Applicant was enlisted in the U.S. Army from    7 Sep 89 to
10 Jan 97 and was promotion to E-5 on 1 Jan 96.  On  11  Jan  97,  the
applicant entered the Army Reserve and was discharged  from  the  Army
Reserve on 5 Feb 01.  Applicant subsequently enlisted in the Air Force
on 6 Feb 01 and a date of rank was established as 6 Feb 01.

Upon entry to active duty, date of rank computation was  completed  in
accordance with AFI 36-2604, Service Dates and Dates of Rank, para 8.4
and 8.5.  Applicant’s adjusted date of separation was  over  4  years;
therefore, no date of rank adjustment was authorized and date of  rank
was established as the entry onto active duty of 6 Feb 01.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO recommended denial and stated that, based on the  governing
directives, the applicant’s date of rank was computed correctly.

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. Sufficient relevant evidence has been presented to demonstrate  the
existence of an error or injustice.  After  thoroughly  reviewing  the
evidence of record,  the  Board  majority  believes  that  it  is  not
unreasonable to believe that the applicant  was  not  provided  proper
counsel regarding his Date of  Rank  (DOR)  for  staff  sergeant  upon
entering active duty into the Air Force from  the  Army  Reserve.   In
this respect, the majority of the Board notes the regulation in effect
at the  time  of  the  applicant's  enlistment  was  not  explicit  in
computation of DOR involving  reservists  performing  extended  active
duty and does not embrace the Air Force concept of  total  force.   We
note the applicant's prior active duty and reserve service,  which  in
the majority of the Board's opinion may have caused some confusion  as
to the applicant's date of rank.   It  is  clear  that  the  applicant
provided the same degree of service while on extended active duty that
a member in the regular Army would have provided  and  that  the  only
thing that distinguishes him in regard to computation of  DOR  is  the
fact that he was in the reserves at the time of  service.   The  Board
majority recommends approval of the applicant’s request for adjustment
to his DOR to the grade of staff sergeant.

_________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 6 February  2001,
he enlisted in the Regular Air Force as a staff sergeant, with a date
of rank (DOR) of 1 January 1996.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2002-
02964 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

By a majority  vote,  the  Board  voted  to  correct  the  records  as
recommended.  Mr. Roj voted to deny the application  and  submitted  a
Minority Report.  The following documentary evidence was considered:


      Exhibit A. DD Form 149, dated 10 Sep 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAO, undated.
      Exhibit D. Letter, SAF/MRBR, dated 6 Dec 02.
      Exhibit E. Minority Report, dated 21 Feb 03






      PHILIP SHEUERMAN

      Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                               CORRECTION OF MILITARY RECORDS (AFBCMR)
 
FROM:  SAF/MR
 
SUBJECT:  APPLICANT
 
      I have carefully considered all the circumstances of this and
agree with the minority member of the AFBCMR panel that the applicant’s
request to have his date of rank (DOR) to the grade of staff sergeant
adjusted to 1 January 1996 should be denied.
 
      In his application to the Board, the applicant contends that he
was informed when he left the Army and joined the Air Force that his
DOR would be the same.  Other than his own personal statement, he
provided no corroborative evidence to support his allegation.
 
      The majority of the Board believes that it is not unreasonable to
believe that the applicant was not provided counseling.  The majority
noted that the regulation in effect was not explicit in computing DOR
involving reservists performing active duty; and, that in view of
applicant’s prior active duty and Reserve service, could have caused
some confusion in regards to his DOR.
 
      Applicable enlistment policy in effect at the time when applicant
enlisted in the Regular Air Force provided for adjustment of an
individual’s DOR provided the separation from active duty was within
four years.  Since the applicant separated from the Regular Army in
1997, he was not entitled to an adjusted DOR.  Applicant states that he
was informed that his DOR would change, but he initialed his enlistment
agreement clearly indicating that he was not entitled to an adjustment
of his DOR.
 
      In view of the foregoing, to grant the applicant's request would
be grossly unfair to the numerous individuals who have returned to
active duty under similar circumstances.  Accordingly, it is my
decision that the application be denied.
 
 
 
                                  MICHAEL L. DOMINGUEZ
                                  Assistant Secretary
                                  (Manpower and Reserve Affairs)