RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02315
INDEX CODE: 131.05
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
__________________________________________________________________
APPLICANT REQUESTS THAT:
His current date of rank (DOR) to the grade of staff sergeant (SSgt) (E-5)
be adjusted to 19 September 1999 and he be considered for supplemental
promotion to technical sergeant (TSgt) (E-6) for cycle 03E6.
__________________________________________________________________
APPLICANT CONTENDS THAT:
When he returned to active duty on 8 May 2001, his adjusted DOR to the
grade of SSgt was miscalculated according to AFI 36-2604, paragraph 8.2,
figure 1. He had 3 years, 3 months, and 7 days of time in grade (TIG) for
the rank of SSgt when he left active duty on 8 August 1998. When he
returned to active duty on 8 May 2001, he was only credited for 9 months
and 25 days TIG. Individuals coming onto active duty now are receiving
more credit for TIG then he did. He is being penalized for coming back on
active duty too early; thereby, missing an opportunity for promotion to
TSgt.
In support of his application, the applicant provides a copy of his DD
Form 214, Certificate of Release or Discharge From Active Duty, a copy of
his Extended Active Duty (EAD) order dated 8 May 2001, and a copy of his
promotion score notice. The applicant’s complete submission, with
attachments, is at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
On 25 January 1988, the applicant enlisted in the Regular Air Force at the
age of 19. He was progressively promoted to the rank of SSgt effective 1
May 1995. He was honorably discharged effective 8 August 1998 with a
separation code KND (Miscellaneous/General Reasons) and a reenlistment code
1P (eligible to reenlist). He had served 10 years, 6 months and 12 days on
active duty.
On 8 May 2001, the applicant again enlisted in the Regular Air Force for a
period of four years in the grade of staff sergeant (E-5) with a DOR of 11
July 2000.
__________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAOR recommends the application be denied. DPPAOR states that in
accordance with Air Force Instruction 36-2604, Service Dates and Dates of
Rank, paragraph 8.4, the applicant’s date of rank was computed correctly.
Members enlisting with prior service on or after 1 October 1981, in the
same grade and in their awarded Air Force Specialty Code (AFSC) at the 3-
skill level or higher for a Directed Duty Assignment or for retraining into
a designated AFSC, the DOR is computed on the basis of one-fourth of the
member’s previous TIG, when the enlistment date is on or after the second
anniversary and before the fourth anniversary of the adjusted date of
separation. The DPPAO evaluation is at Exhibit C.
AFPC/DPPPWB defers to DPPAOR’s recommendation. DPPPWB states that based on
the applicant’s adjusted DOR, the first time he was eligible for promotion
consideration to TSgt was cycle 03E6 (promotions effective August 2003 -
July 2004). The applicant received 24 weighted points for TIG. His total
point score was 318.58 and the score required for selection in his AFSC was
321.25 (a difference of 2.67 points). If the Board grants the applicant’s
request to change his DOR to 19 September 1999, he would receive 28.5
weighted points for TIG and would become a select for cycle 03E6. The
DPPPWB evaluation is at Exhibit D.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force Evaluations were forwarded to the applicant on 31
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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. The applicant requests that his date of
rank to SSgt be adjusted to 19 September 1999 and he be considered for
supplemental promotion to TSgt. After thoroughly reviewing the evidence
of record, we find no evidence to show that the applicant’s adjusted date
of rank, when he returned to active duty on 8 May 2001, was miscalculated.
It appears that the responsible officials applied appropriate standards
in determining his DOR, and the applicant has not provided persuasive
evidence demonstrating that his DOR was erroneous. Therefore, we agree
with the recommendations of the Air Force and adopt the rationale
expressed as the basis for our decision that the applicant has failed to
sustain his burden that he has suffered either an error or an injustice.
In view of the foregoing, we conclude that no basis exists 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-2003-02315
was considered:
Exhibit A. DD Form 149, dated 11 Jul 03, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAOR, dated 17 Sep 03.
Exhibit D. Letter, AFPC/DPPPWB, dated 8 Oct 03.
Exhibit E. Letter, SAF/MRBR, dated 31 Oct 03.
CAROLYN J. WATKINS-TAYLOR
Panel Chair
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