RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01178
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His previous time in grade (2 years 4 months and 23 days) as  a  staff
sergeant (E-5) be credited to his current date of rank.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to staff sergeant (SSgt) in the Air National Guard  on
1 September 1995.  In January 1998 he left the Air National Guard  due
to employer conflict.  He joined the Air Force Reserve  in  June  2000
and was demoted to senior airman (SrA) on  23 January  1998.   He  was
promoted to SSgt on 1 March 2003.

In support of the appeal, applicant submits  a  copy  of  his  Special
Order P-298, showing promotion of a J--- M. Ha--- to SSgt in 1995, and
a copy of AF Form 224, Recommendation and Authorization for  Promotion
of Airman as Reserve of the Air Force, showing his promotion  to  SSgt
in  2003.   Applicant's  complete  submission,  with  attachments,  is
attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available records indicate the applicant enlisted in the  Regular  Air
Force on 16 July 1985.  He served in the  Regular  component  until  1
December 1994, when he was honorably released from active duty in  the
grade of sergeant (E-4) and transferred to the Air Force Reserve.   He
had served 9 years, 4 months  and  16  days  on  active  duty.   On  2
December 1994, the applicant enlisted in the Air National Guard and as
a Reserve of the Air Force for a period of six years.  He was promoted
to the grade of staff  sergeant  (E-5),  Air  Force  Reserve  and  Air
National  Guard  on  1 September  1995.   He  was  demoted  under  the
provisions of ANGI 36-2503, paragraph 4.6 (unsatisfactory performance)
to the grade of senior airman  (E-4)  on  23  January  1998.   He  was
discharged from the Air National Guard on 22 April 1999 and  from  the
Air Force Reserve on 1 December  2000  for  the  same  reason.   Point
histories  for  this  period  indicate  that  the   applicant   earned
satisfactory years of Federal service for  the  Reserve  Years  Ending
(RYEs) 1 December 1995, 1 December 1996 and 1 December 1997.   He  did
not earn a satisfactory year of Federal service  for  RYE  1  December
1998.

On 5 June 2001, the applicant enlisted in the Air Force Reserve in the
grade of senior airman (E-4).  Information maintained in the personnel
data system shows he was awarded an effective date and date of rank of
23 January 1998 for the grade of senior airman.  He  was  promoted  to
the grade of staff sergeant (E-5), effective and with a date  of  rank
of 1 March 2003.  He was credited with satisfactory years  of  Federal
service for the RYEs 4 June 2002 and 4 June 2003 for  a  total  of  14
years, 4 months and 16 days of satisfactory Federal service.

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AIR FORCE EVALUATION:

AFRC/DPM states that the documentation submitted does not support  the
applicant’s claims.  The applicant  did  submit  Special  Order  P-298
promoting a J--- M. Ha--- to SSgt, however, the name  does  not  match
the applicant’s name, and there is no social security number to verify
who is on the order.  Even giving the applicant  the  benefit  of  the
doubt, Reserve Order CA-003795, dated 9 December 2000, from HQ ARPC is
discharging the applicant from the Air Force  Reserve  and  the  order
indicates he is a sergeant (E-4).  Also, the applicant’s grade history
does not indicate he was  promoted  to  E-5.   The  only  entries  are
promotion to E-4 on 23 January 1998 and then his recent promotion to E-
5 on 1  March  2003.   Per  communication  with  applicant’s  Military
Personnel Flight there is no documentation  in  the  applicant’s  Unit
Personnel Records Group (UPRG) nor did he submit any documentation  to
his Recruiter at the time of his enlistment  indicating  he  was  ever
promoted to the grade of E-5.

Pursuant  to  the  Board’s  request,  AFRC/DPM  again  reviewed   this
application and stated that the applicant was demoted to the grade  of
senior airman (E-4) because of unsatisfactory performance.  There  are
no provisions in AFI 36-2604 (Service Dates  and  Dates  of  Rank)  to
credit individuals for previous rank when demoted  for  unsatisfactory
performance.

Complete copies of the evaluations are at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
23 May and 7 November 2003 for review and response within 30 days.  As
of this date, this office has received no response.

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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;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim of an error or injustice.  As stated
in the advisory, there are no provisions in AFI 36-2604, Service Dates
and Dates of Rank to credit individuals for previous rank when demoted
for unsatisfactory performance.  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  this  application  in
Executive Session on 14 January 2004, under the provisions of AFI  36-
2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Charlie E. Williams, Jr., Member
                       Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 30 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFRC/DPM, dated 5 May 03.
      Exhibit D. Letters, SAF/MRBR, dated 23 May 03 and 7 Nov 03.




                             ROSCOE HINTON, JR.
                             Panel Chair