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AF | BCMR | CY2003 | BC-2003-02315
Original file (BC-2003-02315.doc) Auto-classification: Denied


                            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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