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.
_________________________________________________________________
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.
_________________________________________________________________
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.
_________________________________________________________________
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
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