RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC 2002-03805
INDEX NUMBER: 131.00
XXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_____________________________________________________________
APPLICANT REQUESTS THAT:
Her date of rank (DOR) be changed to 1 Jul 00 and that she be allowed to
test for promotion to technical sergeant during the 02E6 testing cycle.
_____________________________________________________________
APPLICANT CONTENDS THAT:
She was honorably discharged from the Air Force on 20 Jul 01. She joined
the Air Force Reserve effective 21 Jul 01. She was honorably discharged
from the Air Force Reserve effective 7 Jan 02 and reentered active duty
on 8 Jan 02.
Upon reentering active duty in Jan 02, she was given a DOR of 8 Jan 02.
When she arrived at her duty station, she sought help through her
military personnel flight (MPF) to get her DOR corrected. It was changed
to 13 Dec 00, which was still incorrect. According to the requirements
contained in AFI 36-2604, paragraph 8.6, she qualified to keep the DOR
she had when discharged from the Reserves. After inquiring to her MPF as
to why her DOR was set as 13 Dec 00, it was changed to 18 Dec 00 for
reasons unknown.
The applicant’s complete submission, with attachments, is at Exhibit A.
_____________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Air Force from 11 Aug 94 to 20
Jul 01 and was separated in the grade of staff sergeant (SSgt) with a DOR
of 1 Jul 00. She subsequently served in the Air Force Reserves from 21
Jul 01 to 7 Jan 02. She reenlisted in the Regular Air Force on 8 Jan 02
in the grade of SSgt and was given a DOR of 18 Dec 00.
Additional relevant facts pertaining to this case are contained in the
evaluation prepared by the appropriate office of the Air Force found at
Exhibit C.
_____________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAO recommends denial of the applicant’s request to adjust her
DOR. According to AFI 36-2604, paragraph 8.2, applicant’s DOR was
computed correctly. Applicant received 100% time in grade of E-5, with
adjustment by the number of days break in active duty service since her
total break was less than four years, resulting in a DOR of 18 Dec 00.
The complete evaluation, with attachment, is at Exhibit C.
_____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In her response to the Air Force evaluation, applicant reiterates her
request to change her DOR to her original active duty date of 1 Jul 00
or in the alternative consideration for her time served in the Air Force
Reserve.
She indicates that she served in the Air Force Reserves from 21 Jul 01 to
7 Jan 02 and was promoted to the grade of technical sergeant (TSgt)
effective 1 Jan 02. She states that she served a total of 16 unit-
training activities and was placed on active duty to attend formal
training for 11 days.
The applicant’s complete response, with attachments, is at Exhibit E.
_____________________________________________________________
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, the
majority of the Board agrees with the opinion and recommendation of the
Air Force office of primary responsibility and adopts their rationale as
the basis for their conclusion that the applicant has not been the victim
of an error or injustice. Therefore, in the absence of evidence that the
applicant’s date of rank to staff sergeant upon her return to active duty
was computed incorrectly or contrary to the governing instruction, the
majority of the Board finds no compelling basis to recommend granting the
relief sought in this application.
_____________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the Board finds insufficient evidence of error or injustice
and recommends the application be denied.
_____________________________________________________________
The following members of the Board considered Docket Number BC-2002-03805
in Executive Session on 1 April 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. Vaughn E. Schlunz, Member
Ms. Patricia D. Vestal, Member
By a majority vote, the Board voted to deny the applicant’s request. Mr.
Schlunz voted to grant the applicant’s request but did not desire to
submit a minority report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 19 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPAO, dated 10 Feb 03,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.
Exhibit E. Memorandum, Applicant, dated 6 Mar 03.
THOMAS S. MARKIEWICZ
Vice Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXXXXXXXX XXX-XX-XXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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