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AF | BCMR | CY2003 | BC-2003-02170
Original file (BC-2003-02170.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02170
            INDEX CODE:  112.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His enlistment contract be corrected to reflect an enlistment grade of
E-4 vice E-3.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is authorized the enlistment grade of E-4 based on active duty time
served with the Air National Guard.


In support of his request, applicant provided a personal statement,  a
copy of a statement of service, a copy of DD Form 214, Certificate  of
Release or Discharge from  Active  Duty,  a  copy  of  AF  Form  1299,
Officer’s Certificate of Statement of Service, a copy of NGB Form  22,
National Guard Bureau Report of Separation and Record  of  Service,  a
copy AF Form 525, a copy  of  Army  National  Guard  Retirement  Point
History Statement, a copy  of  his  Enlistment/Reenlistment  Document,
Armed Forces of the Untitled States.


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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the grade of airman first class  and
is stationed at  Goodfellow  AFB  Texas.   On  23  January  2002,  the
applicant was honorably discharged from the Air National Guard in  the
grade of E-4.  On 24 January 2002, he  enlisted  in  the  Regular  Air
Force (RegAF) as an E-3 with 5 months and 19 days total active federal
military service (TAFMS).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the applicant’s request be denied.  At the  time
of the applicant’s enlistment, he had accumulated 5 months and 19 days
total active duty service.  On 24 January 2002, the applicant enlisted
and both initialed and signed an AF Form 3006, Enlistment Agreement  -
Prior Service, stating “I am enlisting in pay grade E-3.   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-3.

The DPPAE evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
Jul 2003 for review and comment within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 acknowledged that he was  enlinsting  in  the
grade of E-3.  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-
02170 in Executive Session on 16 September 2003, under the  provisions
of AFI 36-2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Mr. Charlie E. Williams, Jr., Member
                 Mr. Christopher Carey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 June 03, w/atchs.
      Exhibit B. Letter, AFPC/DPPAE, dated 7 Jul 03.
      Exhibit C. Letter, SAF/MRBR, dated 18 Jul 03.




      JOSEPH G. DIAMOND
      Panel Chair

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