ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-01976
INDEX CODE: 110.00
COUNSEL: NO
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's appeal for reconsideration, he requests reinstatement to
the grade of E-6.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 9 January 1986 to 6 January 1994
and was honorably discharged in the grade of staff sergeant (SSgt) after
serving 7 years, 11 months and 27 days of service.
On 2 October 2000, the applicant was honorably discharged from the Air
Force Reserve in the grade of technical sergeant (TSgt). On 3 October
2000, the applicant enlisted in the Regular Air Force (RegAF) in the grade
of E-5 (SSgt).
The applicant previously submitted a request to have his grade reinstated
to E-6, with a date of rank (DOR) of 1 March 2000 and back pay from 3
October 2000. On 25 March 2003, the Air Force Board for Correction of
Military Records (AFBCMR) considered and denied the applicant’s request.
For an accounting of the facts and circumstances surrounding the
applicant's request, and the rationale of the earlier decision by the
Board, see the Record of Proceedings, with attachments, at Exhibit I.
On 16 January 2004, the applicant submitted a letter requesting
reconsideration of reinstatement of his lost time in grade (Exhibit J).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicant’s reconsideration request and
the documentation he submitted, we are not persuaded to override the
Board's original decision. The statements from two individuals who attest
to alleged unfair practices within the Recruiting Service is duly noted;
however, these statements in
our opinion do not provide persuasive evidence to substantiate the
applicant’s contentions regarding what he was told during the enlistment
process. While we can understand his disappointment in not being able to
test earlier with credit for his prior service, the fact remains the
applicant signed and initialed the AF Form 3006 (Enlistment Agreement -
Prior Service). The Enlistment Agreement stated the rank the applicant
would enlist as, and that he had no claim to a higher grade and that his
promotions would be based on the regulations in effect at the time of
enlistment and that no provisions were available to accelerate promotions
due to prior service or number of years. The Enlistment Agreement further
stated his DOR would be the date of his enlistment in the RegAF. The
applicant has been afforded all opportunities that a returning airman in
his situation is entitled to under the relevant Air Force Instructions.
Therefore, in the absence of evidence to the contrary we find no compelling
basis to warrant favorable consideration of 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 AFBCMR Docket Number BC-2002-
01976 in Executive Session on 19 April 2004, under the provisions of AFI 36-
2603:
Mr. Robert S. Boyd, Panel Chair
Mr. James A. Wolffe, Member
Ms. Ann Cecile McDermott, Member
The following documentary evidence was considered:
Exhibit I. Record of Proceedings, 26 Jun 03, w/atchs.
Exhibit J. Applicant’s Reconsideration Request, dated 16 Jan 04,
w/atchs.
ROBERT S. BOYD
Panel Chair
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