RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00604
INDEX NUMBER: 131.05
XXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) as a staff sergeant (SSgt) (E-5) in the Air
Force be established as 1 Apr 96, the date he was promoted to E-5
during his previous service in the Marine Corps.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He joined the Air Force on 21 Aug 01 and was given a direct duty
assignment as a 3-skill level based on his ten years of experience and
his Federal Aviation Airframe and Powerplant license. He was granted
an exception to policy by HQ AFPC to be allowed to test for technical
sergeant (TSgt) (E-6). He tested on 12 Nov 02 out of cycle. After
testing, he found out that his DOR had been changed to 25 Mar 01,
rendering him ineligible for testing and resulting in the test he
completed not being graded.
When he inquired at the military personnel flight as to why his DOR
had changed, he was referred to AFI 36-2604. The AFI states that if
members were out less than four years they would get half of their
time-in-grade (TIG). An individual at his local MPF contacted HQ AFPC
to get a determination as to whether his DOR should be adjusted. He
was advised by, in his opinion, an unprofessional e-mail that he was
only entitled to 25% credit because he was off active duty for more
than 2 years. Since he had enlisted in the Air Force prior to the
date of the new AFI, he inquired as to whether he would fall under the
old AFI. He was advised again by an e-mail that he considered
unprofessional that no one is grandfathered. After he read the new
AFI (18 Dec 01), he did not notice any difference in the paragraph
that applied to him. When he spoke to an individual at his MPF, he
was advised that the new AFI did not apply to him.
The applicant provides an overview of his accomplishments since
entering the Air Force. He asks the Board to find an answer regarding
his DOR and correct his records if needed.
In support of his appeal, applicant provides copies of his previous
service documents, copies of the e-mails from AFPC addressing his DOR,
and a copy of his approved exception to policy to test for promotion
out of cycle.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the U.S. Marine Corps on 15
Nov 91 and was released from active duty on 14 Nov 97 in the grade of
E-5 after completion of required service. The applicant enlisted in
the South Carolina Army National Guard on 29 Oct 99 in the grade of E-
5 and was honorably separated on 28 Oct 00. He enlisted in the Air
Force on 21 Aug 01 in the grade of E-5. The Personnel data system
reflects his Total Active Federal Military Service Date (TAFMSD) as 21
Aug 95 with a DOR in the grade of E-5 of 25 Mar 01.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAOR recommends that the applicant’s request to adjust his DOR
be denied. Based on AFI 36-2604, dated 1 Jul 99, paragraph 8.4, the
applicant’s DOR of 25 Mar 01 is correct.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
30 May 03 for review and response within 30 days. To date, a response
has not been received.
_________________________________________________________________
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. Although the applicant was
granted an exception to policy promotion eligibility waiver,
unfortunately it was based on the incorrect date of rank reflected in
the Military Personnel Data System at the time, the date he was
promoted while serving in the Marine Corps. The date of rank of 25
March 2001, which rendered him ineligible, is in fact correct based on
applicable Air Force policy. We note the applicant’s achievements
since returning to the Air Force, his exceptional qualifications, and
his desire to advance in his career as quickly as possible. However,
to change his date of rank to the earlier date would ignore
established Air Force policy, which insures fair and equitable
treatment of all others similarly situated. Therefore, we do not find
a compelling basis to recommend granting the relief requested.
_______________________________________________________________
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 Docket Number BC-2003-
00604 in Executive Session on 16 July 2003, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Dec 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPAOR, dated 22 May 03.
Exhibit D. Letter, SAF/MRBR, dated 30 May 03.
MICHAEL K. GALLOGLY
Panel Chair
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