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AF | BCMR | CY2004 | BC-2003-03370
Original file (BC-2003-03370.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-03370
            INDEX CODE:  131.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his discharge rank as  E-5/  Staff
Sergeant (SSgt) rather than E-4/Sergeant (Sgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  completed  his  non-commissioned  officer  course  (NCO)  and  was
promoted to (SSgt) non-commissioned officer  (E-5)  approximately  one
week before his discharge.  His promotion was not updated or reflected
on his DD Form 214.  He is applying for employment with the Government
and this will affect his rating.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 July 1983 for  a
period of four  years  as  an  airman  basic.   He  was  progressively
promoted to the grade of senior airman (E-4) with a date of rank of 29
July 1986.

The applicant’s DD Form 214, Certificate of Release or Discharge  from
Active Duty, indicates he was released under the provisions of AFR 39-
10, Expiration Term of Service on 28 July 1987, in the rank of  senior
airman and transferred to the Air  Force  Reserves.   He  served  four
years of active duty.

Special Order GB-072, dated  21  July  1987,  awarded  the  Air  Force
Achievement Medal to applicant.   The  Special  Order  refers  to  the
applicant as sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE states per AFR 39-13, E-4/senior airman  are  eligible  for
appointment to NCO status if they meet certain criteria.   Airmen  are
eligible for NCO status if they  have  completed  12  months  time  in
grade.  However, an appointment to NCO status  does  not  entitle  the
servicemember to a promotion to E-5.  Therefore based on the rationale
provided they recommend denying the applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
January 2004, for review and response.  As of this date,  no  response
has been received by this office.

_________________________________________________________________

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 waive the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  Applicant’s contentions are duly
noted; however, we agree with the opinion and  recommendation  of  the
Air Force and adopt their rationale as the basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.
Although the  applicant  was  authorized  NCO  status,  the  applicant
submits insufficient evidence he  applicant  was  recommended  for  or
promoted to SSgt/  E-5.  Furthermore, appointment to NCO  status  does
not entitle the servicemember a promotion.  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 AFBCMR Docket Number BC-
2003-03370 in  Executive  Session  on  24  February  2004,  under  the
provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. John B. Hennessey, Member
                       Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Oct 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPAE, dated 16 Dec 03.
      Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.




                             OLGA M. CRERAR
                             Panel Chair

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