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AF | BCMR | CY2003 | BC-2003-01965
Original file (BC-2003-01965.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01965
                                             INDEX CODE:  131.05
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXXX                     HEARING DESIRED: NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the rank of staff sergeant (SSgt) (E-5) with a  date  of
rank (DOR) of 9 November 2001 and receive back pay due as a result of  the
promotion.

__________________________________________________________________

APPLICANT CONTENDS THAT:

He was told that his previous rank of SSgt, which he held while in the Air
National Guard, could be restored when he joined  the  Air  Force  Reserve
unit.  After  he  joined  the  unit  and  pursued  getting  his  promotion
reinstated, he was told he would have to wait one year before he could  be
promoted.  After waiting a year, he was told that he was not eligible  for
promotion due to a lack of participation points and for not completing the
Non-Commissioned Officer Preparatory (NCO Prep) Course.  He  provided  his
training records, which contained proof of his NCO Prep Course  completion
and was told that his military  personnel  records  needed  correcting  to
reflect that  he  met  the  time-in-service  promotion  requirement.   The
Military Personnel Flight (MPF) had the required source  documents  needed
for his promotion since 9 November 2001.

In support of his  application,  the  applicant  provides  copies  of  his
discharge documentation from both the Air National Guard and the  Army,  a
copy of a personnel classification action reflecting his promotion to SSgt
effective 10 July 1993, and copies of  electronic  correspondence  between
the  applicant  and  the  Inspector  General’s  office.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

On 18 September 1986, the applicant  enlisted  in  the  Air  National  Guard
(ANG) at the age of 18 in the rank of airman basic (E-1) in  the  Air  Force
Specialty   Code   43132E,   Apprentice   Strategic   Aircraft   Maintenance
Specialist.  He was  progressively  promoted  to  the  rank  of  SSgt  (E-5)
effective 10 July 1993.  His records reflect  he  was  honorably  discharged
from the ANG effective 17 September 1999.  However, the  applicant  provided
a copy of a DD Form 214, Certificate of Release  or  Discharge  From  Active
Duty, indicating he enlisted in the Regular Army on  21  June  1997  in  the
rank of specialist (E-4) with an effective date  of  20 November  1997.   He
served in the Military Occupational Specialty  93C10,  Air  Traffic  Control
Operations.   He  was  honorably  discharged  from  the  Army  effective  18
November 2000 for completion of required active service.

On 9  November  2001,  according  to  the  Military  Personnel  Data  System
(MILPDS), the applicant enlisted in the Air Force Reserve for  a  period  of
three years in the rank of Senior Airman (E-4) effective and with a date  of
rank of  20  November  2001.  He  enlisted  in  the  AFSC  2A5X1,  Aerospace
Maintenance and currently holds a Primary AFSC  (PAFSC)  of  2A531  (3-skill
level).  As of 8 November 2002, the applicant has 14 years, 2 months  and  1
day of satisfactory Federal service.  The applicant has an established  Date
of Separation of 8 November 2004.

__________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPM  recommends  the  application  be  denied.   DPM  states  that  the
applicant has not upgraded to  the  necessary  5-skill  level  required  for
promotion  to  SSgt  in  accordance  with  AFI  36-2502,  Airman  Promotions
Program.  Individuals must attain a 5-skill level in their PAFSC  to  become
eligible for promotion to SSgt.  The applicant currently holds a 3-level  in
his career field,  which  indicates  he  has  not  completed  the  necessary
training for upgrade.  The DPM 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  17
October 2003, 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 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  that  the  applicant   does   not   meet   the   skill-level
requirements in his current career field  for  promotion  to  the  grade  of
SSgt.  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 this application in  Executive
Session on 18 December 2003, under the provisions of AFI 36-2603:

            Ms. Carolyn J.Watkins-Taylor, Panel Chair
            Ms. Martha J. Evans, Member
            Mr. Roscoe Hinton Jr., Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2003-01965
was considered:

      Exhibit A.  DD Form 149, dated 5 Jun 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFRC/DPM, dated 15 Jul 03.
      Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 03.




                             CAROLYN J. WATKINS-TAYLOR
                                             Panel Chair

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