RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-00703
            INDEX CODE 131.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade at the time of his enlistment  (staff  sergeant  (SSgt))  be
changed to technical sergeant (TSgt).

Or, in the alternative, his date of rank (DOR) to SSgt be changed from
21 Oct 02 to 1 Jul 96 and he be allowed to test for TSgt during  cycle
03E6.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In the last week of Aug 01 when he was in the Air Force  Reserves,  he
was informed that his career field was insufficiently manned  and  the
Air Force needed prior service experience to  fill  in  the  gaps.  He
contacted his local recruiter and the immediate supervisor  to  return
to active duty. During most of the 13 months Air Force Recruiting took
to process his application, he was informed he would be able to retain
his current rank of TSgt when he returned to active duty. A few months
prior to his enlistment on 21 Oct 02, he was informed he would have to
return as a SSgt because he was a few months short of the  minimum  10
years of Total Active Federal Military Service (TAFMS).  Additionally,
all of his prior time in grade (TIG) for SSgt and TSgt was wiped  out.
As a result, he volunteered  in  good  faith  for  an  assignment  for
Operation Enduring Freedom to make up the few  months  he  lacked.  He
told his recruiter he was deploying overseas to make up  the  time  he
needed to keep his current grade of  TSgt.  Despite  promises  to  the
contrary,  the  ---   recruiting   squadron   and   recruiting   group
incompetently handled his case by delaying his application process and
canceling his job reservation. He was then pressured to enlist “now or
never” as a SSgt,  not  realizing  his  DOR  to  SSgt  would  be  that
enlistment date. He worked long and hard to achieve TSgt, but now  his
record for the last seven years has been wiped clean over a few months
of TAFMS. Plus,  his  SSgt  DOR  hampers  his  career  progression  by
preventing him from testing for two cycles. He asks that he be granted
one of his requested forms of relief.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted the Regular Air Force on 26 Dec 85.  On  31 Jan
95, under the provisions  of  the  Special  Separation  Benefit  early
release program, he was honorably released from  active  duty  in  the
grade of senior airman (SRA) with nine years, one month and five  days
of TAFMS.

The applicant enlisted in the Air Force Reserves and was  subsequently
promoted to SSgt on 1 Jul 96 and TSgt on 1 Jul 01. On 21  Nov  01,  he
applied for a conditional release from the Reserves for the purpose of
transferring to the Regular Air Force. His request was approved on  13
Dec 01.

On 21 Oct 02, the applicant enlisted in the Regular Air  Force  for  a
period of four years and entered active duty in the grade of SSgt with
a DOR of 21 Oct 02.

AFI 36-2002 is the  governing  directive  for  determining  enlistment
grades. It outlines the minimum TAFMS required to enlist  in  a  grade
previously held in a branch other  than  the  Regular  Air  Force.  To
enlist in the grade of TSgt, a member must have  10  years  of  TAFMS;
SSgt requires five years and six months.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAEQ notes that at the time of his 21 Oct 02 enlistment, the
applicant had accumulated 9 years, 6 months and 17 days of  TAFMS.  He
initialed and signed  an  AF  Form  3006,  Enlistment  Agreement-Prior
Service, stating he was enlisting in the grade of SSgt, that he had no
claim to a higher grade, that entitlement to further promotions  would
be in accordance with regulations in effect  at  the  time,  and  that
provisions do not exist to accelerate promotion due to  prior  service
or the number of years for which he was enlisting, and that his DOR is
the date of his  enlistment  in  the  Regular  Air  Force.  Since  the
applicant did not have more than 10 years of TAFMS, he enlisted  as  a
SSgt. His request should be denied.  If  the  Board  wishes  to  grant
relief, recommend the 5 months and 13 days of TAFMS required for  TSgt
be waived and the applicant be enlisted as a TSgt with a DOR of 21 Oct
02, the date of his enlistment in the Regular Air Force.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPWB advises that, based on his DOR to SSgt of  21  Oct  02,
the applicant would not be eligible to test for TSgt until the Feb/Mar
05 timeframe for cycle 05E6. Based on the above and  HQ  AFPC/DPPAEQ’s
advisory, they recommend denial.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 30 May 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 error or injustice to warrant enlisting the applicant
on 21 Oct 02 in the grade  of  TSgt.  The  Air  Force  approached  the
applicant about returning  to  active  duty  because  it  desired  the
experience of prior service members in the applicant’s  insufficiently
manned career field.  At first he was informed that he would  be  able
to retain his TSgt rank; however, shortly before his  reenlistment  he
was told he would have to reenlist as a  SSgt  because  he  lacked  10
years of TAFMS.  As  a  result,  and  in  good  faith,  the  applicant
volunteered for an overseas assignment in order  to  acquire  the  few
additional months of TAFMS he lacked, but was then  called  back  from
deployment in order to enlist “now or never.” The applicant  did  sign
the enlistment contract indicating he had no claim to a higher  grade,
but we believe he felt somewhat pressured into living  with  a  poorly
handled situation. The entire recruitment  in  this  case  was  sorely
lacking in accurate information and professional  processing.  In  the
vernacular, the applicant appears to have been “jerked around,” and we
do not believe the Air Force does  itself  any  favors  when  willing,
critically-skilled individuals such as the applicant are short-changed
through no fault of their own. The circumstances  of  this  particular
case unfairly penalized the  applicant  and  should  be  rectified  by
waiving the TAFMS requirement and allowing him to enlist in the  grade
of TSgt with a DOR of 21 Oct 02. HQ AFPC/DPPPWB has advised via  email
that, with a DOR of 21 Oct 02, the applicant would not be eligible for
promotion consideration to MSgt until cycle 05E7. Therefore,  we  find
no  need  to  afford  the  applicant  an  opportunity  to   test   for
supplemental  promotion  consideration  to  MSgt,  and  recommend  his
records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  enlisted  in  the
Regular Air Force for a period of four (4) years on 21 October 2002 in
the grade of technical sergeant, rather than in  the  grade  of  staff
sergeant, with a date of rank of 21 October 2002.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 July 2003 under the provisions of AFI 36-2603:

                 Mr. Roscoe Hinton, Jr. Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Ms. Cheryl Jacobson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-00703 was considered:

   Exhibit A.  DD Form 149, dated 24 Jan 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAEQ, dated 6 May 03.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 19 May 03.
   Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.





                                   ROSCOE HINTON, JR.
                                   Panel Chair

AFBCMR BC-2003-00703




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to       , be corrected to show that he enlisted in the
Regular Air Force for a period of four (4) years on 21 October 2002 in
the grade of technical sergeant, rather than in the grade of staff
sergeant, with a date of rank of 21 October 2002.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency