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AF | BCMR | CY2003 | BC-2002-03451
Original file (BC-2002-03451.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03451
            INDEX CODE:  102.07

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The 14 months time in grade as an E-4 that he accrued in the  Army  be
applied towards his date of rank  (DOR)  in  the  Air  National  Guard
(ANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He held the rank of E-4 in the Army for 14 months.

In support of his appeal, the applicant  submits  a  letter  from  his
supervisor, DD Form 214, Certificate for  Release  or  Discharge  from
Active Duty and other documents.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the ANG on 2 February 2001.
 He enlisted as an Airman First Class (A1C/E-3) with a date of rank of
2 February 2001 and 2 years and 10 months  of  prior  service.   On  1
January 2002, he was promoted to Senior Airman (SRA/E-4) with  a  date
of rank of 1 January 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ANG/DPFP recommends denial  of  the  applicant’s  request  and  his
supervisor’s appeal for an exception to policy.  DPFP  defers  to  Air
National Guard Instruction (ANGI) 36-2002, Enlistment and Reenlistment
in the Air National Guard.  Specifically, table 1.9, rule 4,  requires
that enlistees in the ANG from other services establish their  DOR  as
their date of enlistment in the ANG.  The applicant  did  not  qualify
for a direct conversion to a minimum 3-level Air Force Specialty  Code
(AFSC) which is the only exception to this policy.

ANG/DPFP’s evaluation is at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s  response  consisted  only  of  a  correction  to   DPFP’s
evaluation.  The evaluation stated, incorrectly, that the  applicant’s
enlistment date in the ANG was 2 February 2002, while, in fact, it was
2 February 2001.  Applicant's response is at Exhibit D.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the  opinion  and  recommendation  of  the  Air
National  Guard  (ANG)  office  of  primary  responsibility  that  Air
National Guard Instructions (ANGI’s) are clear on the establishment of
DOR and subsequent requests for adjustments to  such.   The  applicant
enlisted in the ANG from another branch of the armed services (Regular
Army) establishing his DOR as the date of his enlistment in  the  ANG.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2002-03451 in Executive Session on 20 May 2003, under  the  provisions
of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Kenneth Dumm, Member








The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Oct 02, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPFP, dated 28 Jan 03, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 23 Feb 03
    Exhibit D.  Letter, Rebuttal, dated 5 Mar 03, w/atchs.




                                   JOHN L. ROBUCK
                                   Panel Chair

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