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AF | BCMR | CY2004 | BC-2003-03027
Original file (BC-2003-03027.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-03027
            INDEX CODE 131.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) for E-4/senior airman be changed from 8 Nov  01
to 23 Jul 00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in the Marine Corps from Oct 89 to Oct 93. He then served in
the Army National Guard from Nov 93 to Nov 01. He was promoted to  E-4
in Jan 93 and held that rank until Mar 01 when he was promoted to E-5.
On 8 Nov 01, he joined the Air  Force  and  was  reduced  to  E-4.  He
believes if the Air Force is going to recalculate his  time-in-service
(TIS), they should at least give him credit for the first time he  put
on E-4. He is being unjustly reduced  one  pay  grade  for  coming  on
active duty.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant joined the Marine Corps on 18 Oct  89.  On  17  Oct  93,
after four years of active service, he  was  honorably  released  from
active duty in the grade of E-4 and transferred to the  Army  National
Guard. He achieved the rank of E-5 on  5  Jan  01  and  was  honorably
discharged from the Army National Guard in that rank on 7 Nov 01 after
eight years, one month and six days of service.  He  enlisted  in  the
Regular Air Force on 8 Nov 01 as an SRA with a DOR of 8 Nov 01.

AFI 36-2604, Service Dates and Dates of Rank, states that if a  member
returns on active duty after four years, the DOR will be the  date  of
active duty entry.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAOR indicates that, based on the governing  directive,  the
applicant’s DOR was computed correctly. Therefore, his request  should
be denied.

A complete copy of the evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 5 Dec 03 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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that his DOR for E-4  should  be  changed.  The  applicant’s
contentions are duly noted; however, AFI 36-2604 requires his  DOR  be
his date of entry to active duty because of his  more  than  four-year
break  in  active  duty  service.  We   therefore   agree   with   the
recommendations of the Air Force and adopt the rationale expressed  as
the basis for our decision that the  applicant  did  not  sustain  his
burden of having suffered either an error or an injustice. In view  of
the above and absent persuasive evidence to the contrary, we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

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 29 January 2004 under the provisions of  AFI  36-
2603:

                 Ms. Carolyn J. Watkins-Taylor, Panel Chair
                 Mr. John B. Hennessey, Member
                 Ms. Deborah A. Erickson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-03027 was considered:

   Exhibit A.  DD Form 149, dated 31 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAOR, dated 24 Nov 03, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.





                                   CAROLYN J. WATKINS-TAYLOR
                                   Panel Chair

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