RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00205
INDEX CODE: 112.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His grade, at the time of his current enlistment, be changed from
Senior Airman (SrA/E-4) to Staff Sergeant (SSgt/E-5), effective 15
February 2002.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant presents no contentions. In support of his appeal, he
submits a copy of a waiver request to adjust his grade and other
documents from his records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Michigan Air National Guard (MI ANG) on 27
September 1991. He served 6 years, 3 months and 15 days, and reached
the grade of SSgt with a date of rank of 1 January 1997. He enlisted
in the Regular Air Force on 12 January 1998 in the grade of SrA. The
applicant did not successfully complete technical training school and
was separated from active duty on 26 February 1998 after serving 1
month and 15 days in the grade of SrA. The applicant experienced a
break in service of 3 years, 11 months and 18 days until he reenlisted
in the MI ANG on 15 February 2002 in the grade of SrA.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI defers to ANG Instruction (ANGI) 36-
2002 that states explicitly that if an applicant (to the ANG) enlists
prior to the second anniversary of their date of separation and last
served in an Air Force component, they may enlist at the highest
enlisted grade held at separation. DPPI notes that the applicant
reenlisted after the second anniversary of his separation from the MI
ANG.
ANG/DPPI’s complete evaluation, with an applicable excerpt from ANGI
36-2002, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4
April 2003 for review and comment within 30 days. 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. We find that Air National Guard Instruction 36-
2002 to be explicit regarding enlistment and reelistment procedures
and the applicant appears to have been treated fairly and within the
purview of the Instruction. 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-
2003-00205 in Executive Session on 8 July 2003, under the provisions
of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Christopher Carey, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Dec 02, w/atchs.
Exhibit B. Letter, ANG/DPPI, dated 13 Mar 03, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 4 Apr 03.
JOHN L. ROBUCK
Panel Chair
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