RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2003-01514
                 INDEX CODE:  131.04
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to Senior Airman/E-4  be  changed  from  17 May
2002 to 1 August 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He joined the Utah Air National Guard as  an  Airman  First  Class/E-3
with four years time in service (TIS) and three years  time  in  grade
(TIG).  He submitted a 3 Level Waiver that was approved.  However, the
process took two years and delayed his promotion.   He  was  qualified
when he joined in August 2000.

In support  of  his  appeal,  the  applicant  submits  copies  of  his
enlistment papers, memorandum approving his request for waiver  and  a
copy of his promotion order AW-298, dated 17 May 2002.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the 151st Air Refueling Wing (ARW), Utah Air
National Guard as an Airman First Class/E-3 on 10 August 2000.  He had
4 years TIS and 3 years TIG at the time of his  enlistment  and  other
than the 3-level waiver, was fully qualified to  be  promoted  to  the
grade of Senior Airman/E-4.  The Base Education and Training  Manger's
(BETM) office initiated his 3-level waiver in August 2001, but it  was
returned because it was not complete.  In November 2001,  the  request
was resubmitted to the National Guard Bureau (NGB).   On  19  December
2001, NGB notified the unit that the request lacked mandatory proof of
certification.  The remaining proof of certification was  accomplished
on 10 March 2002 and the BETM resubmitted the package to NGB in  March
2002.  The waiver was approved on 26 April 2002 and  returned  to  the
unit.  He was recommended for promotion on 16  May  2002  and  he  was
promoted to SrA on 17 May 2002.

_________________________________________________________________


AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states the applicant enlisted in the
ANG  in  accordance  with  (IAW)   ANGI   36-2002,   Enlistment,   and
Reenlistment in the Air National Guard and as a  Reserve  of  the  Air
Force, Table 1.9, Rule 4.  Which required SrA Lutter's date of rank be
adjusted to reflect his date of enlistment.  He was not qualified  for
at least  a  3  level  AFSC  for  direct  conversion.   A  waiver  was
submitted, however the waiver  was  not  timely  approved  because  it
lacked the necessary proof of certification.  Once  the  certification
was secured, the waiver was approved and the member promptly  promoted
to the rank of Senior Airman.

ANG/DPPI’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He joined the Air National Guard as a ground  radio  technician  after
serving four years active duty in the United States Marine Corps as  a
radio technician and having worked as a civilian radio technician  for
nine years.  He requested a waiver for the ground radio repair  course
to be submitted by the unit.  The waiver was not acted on in a  timely
manner and the people submitting the waiver did not  know  the  proper
procedure for submitting a training waiver (Apparent from it having to
continually be resubmitted).  He was  asked  for  information  on  the
waiver twice.  The initial gathering of information  was  provided  by
October 2000.  Nothing further was required from him until early  2001
when he was asked to be evaluated by a unit at Hill AFB, which he  did
within 2-3 weeks.  It is an injustice  to  enlist  a  fully  qualified
individual in the military and to take two and one half years to allow
him to start progressing in rank.  Because of the Guard's  delays  and
incompetence, he has lost 3 years TIG at enlistment and then left with
2 1/2 years of treading water when it comes to his career progression.

The applicant's complete response 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  to
include his contention the 5-Level  waiver  took  over  two  years  to
process, thus extending his eligibility for  promotion  for  the  same
amount of time; however, the majority of the  Board  agrees  with  the
opinion  and  recommendation  of  the  Air  Force  office  of  primary
responsibility and adopt  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 to the contrary, 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 panel finds insufficient evidence of error or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01514  in  Executive  Session  on  22  October  2003,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

By a majority vote, the members voted to deny the request.  Ms.
Carolyn B. Willis voted to correct the record and did not desire to
submit a minority report.  The following documentary evidence was
considered:

    Exhibit A.  DD Form 149, dated 4 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 8 Aug 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 03.
    Exhibit E.  Rebuttal, Applicant, dated 26 Aug 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair






MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

      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