RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02838
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His current rank and grade be changed from senior airman  (E-4)  to
staff sergeant (E-5), with his original date of rank/effective date
of 1 Jul 91.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His Reserve unit career  advisor  and  the  base  recruiting  staff
informed him that he should have been gained as a staff sergeant at
the time of his reenlistment and that he was  miscounseled  by  the
Reserve recruiter handling his  reenlistment  into  the  Air  Force
Reserve.

Additionally, the recruiter incorrectly stated that he would lose a
grade due to his six-year break in service.

In  support  of  applicant’s  appeal,  he  submitted   a   personal
statement; an email, dated 19 May 03, from his  military  personnel
flight to 4th AF/DPM concerning contractual errors; Reserve Order P-
045 reflecting promotion to  staff  sergeant,  effective  1 Jul 91;
copies of a 1 Sep 91 training certificate, a Report  of  Individual
Personnel (RIP), dated 31 Jul 91, and a DD Form  2AF  (Reserve)  ID
Card issued 17 Aug 91, all reflecting the rank of  staff  sergeant;
copies of DD Form 214, Certificate of  Release  or  Discharge  from
Active Duty, dated 8 Jun 87, 26 Apr 91, and 15 Sep 01.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The available records reflect applicant’s  continuous  satisfactory
Federal service from 2 Dec 86 until 1 Dec 94.  He was  promoted  to
the rank of senior airman (E-4/SrA), with  an  effective  date  and
date of rank of 1 Mar 90.

The record contains an  order,  dated  26  Jun  91,  promoting  the
applicant  to  the  grade  of  staff  sergeant,  with  a  date   of
rank/effective  date  of  1 Jul  91;  however,   this   order   was
subsequently  revoked  on  8  Nov  91,  noting  three  individuals,
including the applicant, had been erroneously promoted.

Effective 1 Dec 94, the applicant was honorably discharged from the
Air Force Reserve.  He was in civilian  status  from  2 Dec  94  to
30 Jan 01.

On 31 Jan 01, he enlisted in the Air Force Reserve in the grade  of
senior airman with an adjusted date of  rank  of  1  May  96.   His
Primary Air Force  Specialty  Code  (PAFSC)  is  2A531A  (Aerospace
Maintenance Apprentice) and his Secondary  AFSC  (2AFSC)  is  3P031
(Security Forces Apprentice).  He  is  currently  assigned  to  the
inactive  reserve,  Nonobligated  Nonparticipating  Ready   Reserve
Section, with an effective date of 9 Oct 03.  He has been  credited
with 5 years of satisfactory Federal service.

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AIR FORCE EVALUATION:

HQ AFRC/DPM  reviewed  this  application  and  recommended  denial.
Based on conversation with  HQ  AFRC/RSOO,  Recruiting  Operations,
recruiters  use  the  grade  on  the  discharge  documentation   to
determine what  grade  an  applicant  will  be  upon  entering  the
Reserve.  All documentation  provided  indicates  applicant  was  a
senior airman at the time of his discharge.

Additionally, they state applicant is not eligible for promotion to
SSgt (E-5) as he does not have a 5-skill level in his primary  AFSC
as required by AFI 35-2502, Airman Promotions Program, Table 4.2.

A complete copy of the 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 31 Oct 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.  Applicant asserts that he was promoted to the rank of  staff
sergeant and that his records should be corrected  to  reflect  his
original date of rank of 1 Jul 91.  However, evidence in the record
reflects that the  order  promoting  him  to  the  grade  of  staff
sergeant was  revoked  on  8  Nov  91,  noting  that  he  had  been
erroneously promoted.  Therefore, based on the evidence of  record,
we find no error in this case and after  thoroughly  reviewing  the
documentation that has been submitted  in  support  of  applicant's
appeal, we do not believe he has suffered from  an  injustice.   In
view of the foregoing, and  in  the  absence  of  evidence  to  the
contrary, we find no basis upon which to recommend favorable action
on the applicant’s request.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2003-02838 in Executive Session on 17 December 2003,  under  the
provisions of AFI 36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. E. David Hoard, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPM, dated 14 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair