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AF | BCMR | CY2003 | BC-2003-01824
Original file (BC-2003-01824.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01824
            INDEX CODE:  112.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His enlistment contract be corrected to reflect an enlistment grade of
E-7 vice E-5.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is authorized the enlistment grade of E-7 based on active duty time
served with Air National Guard and finishing his Community College  of
the  Air  Force  (CCAF)  degree  and  other  Non-Commissioned  Officer
requirements.



In support of his request, applicant provided a personal statement,  a
copy AF Form 525, ANG/USAFR Point Credit Summary, and two (2)  letters
of recommendation.


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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the grade of staff sergeant  and  is
stationed at Holloman AFB New  Mexico.   On  18  September  2002,  the
applicant was honorably discharged from the Air National Guard in  the
grade of E-7.  On 3 December 2002, he  enlisted  in  the  Regular  Air
Force (RegAF) as an E-5 with eight (8) years, seven (7) months and six
(6) days total active federal military service (TAFMS).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAEQ recommends the applicant’s request  be  denied.   AFI  36-
2002, Regular Air  Force  and  Special  Category  Accessions,  is  the
governing directive for determining enlistment  grades.   It  outlines
the minimum amount of TAFMS required to enlist in a  grade  previously
held in a branch other than the Regular Air Force.  To enlist  in  the
grade of E-5 requires 5 years and 6 months TAFMS.  To  enlist  in  the
grade of E-6 requires 10 years TAFMS, and 15 years for E-7.

The applicant  initialed  and  signed  an  AF  Form  3006,  Enlistment
Agreement - Prior Service, stating, “I am enlisting in pay grade  E-5.
I have no claim to a higher grade.  I  understand  my  entitlement  to
further promotions will be in accordance with regulations in effect at
the time of my eligibility for promotion and provisions do  not  exist
to accelerate promotion due to my prior service or the number of years
I am enlisting for…have never served in the RegAF.   I  understand  my
DOR is my date of enlistment in the RegAF.”

The applicant’s enlistment grade was  determined  in  accordance  with
governing directives and enlisted in the appropriate grade of E-5.

The DPPAEQ evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that after  reviewing  his  Guard  point  summary
sheet and his TAFMS information he was told that he was about 100 days
short of returning back on active duty as a TSgt  and  that  he  would
resume his career as a SSgt.

He accepted a 120-day tour, that would give him  the  days  needed  to
return as a TSgt, but after his return the recruiters had changed  and
there was some confusion.

If the decision is made to not promote him to TSgt, then he  asks  the
Board to consider his date of rank.

His complete submission 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 an  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.  The applicant was enlisted  into  the  Regular
Air Force in accordance with AFI 36-2002 Regular Air Force and Special
Category Assessions, and he both initialed and signed  AF  Form  3006,
Enlistment Agreement-Prior service stating, "I  am  enlisting  in  pay
grade E-5. I have no claim to a higher grade….I understand my  DOR  is
my date of enlistment in the Regular Air Force."   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 Docket  Number  BC-2003-
01824 in Executive Session on 5 August 2003, under the  provisions  of
AFI 36-2603:

                 Mr. Vaughn E. Schlunz, Panel Chair
                 Mr. Mike Novel, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 May 03.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAE, dated 23 Jun 03.
      Exhibit D. Letter, SAF/MRBR, dated 27 Jun 03.
      Exhibit E  Letter, Applicant, dated 20 Jul 03.




      VAUGHN E. SCHLUNZ
      Panel Chair


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