RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03593
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) in the grade of staff sergeant be adjusted from
6 Dec 99 to 6 Dec 97.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He separated from active duty on 9 Aug 01 and reenlisted on active
duty on 14 Dec 01, which was a break in service of four months and
five days. His time in service dates were adjusted by the four months
and five days of his break in service. However, when his DOR was
adjusted, he lost half of his time in grade. This adjustment was made
in accordance with AFI 36-2604, dated 1 Jul 99. Just four days (18
Dec 01) after he reenlisted, AFI 36-2604 was rewritten, under which he
would have only lost the four months and five days. Had he known that
AFI 36-2604 was being rewritten and how it would affect him, he would
have delayed his reenlistment for four days.
In support of his appeal, the applicant provided copies of his
separation orders and enlistment document, extracts from AFI 36-2604,
and electronic mail (e-mail) from AFPC/DPPAOR.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate that he
enlisted in the Regular Air Force on 29 May 92. He was honorably
discharged on 9 Aug 01.
Applicant enlisted again in the Regular Air Force on 14 Dec 01 for a
period of four years in the grade of staff sergeant, with an adjusted
DOR of 9 Dec 99.
Information extracted from the Personnel Data System (PDS) indicates
that the applicant is currently serving on active duty in the grade of
technical sergeant, with a DOR of 1 Jul 03. His Total Active Federal
Military Service Date (TAFMSD) is 1 Oct 92.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAO recommended denial indicating that the time frame from when
the applicant was discharged to the time he returned to active duty
was less than two years, which entitled him to 50 percent of his time
in grade as a staff sergeant. Based on the governing directive in
effect when the applicant reenlisted, his DOR was computed correctly.
A complete copy of the AFPC/DPPAO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 5 Dec
03 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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. 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
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence that the
computation of his adjusted DOR upon his return to active was not
correct, or that he was treated differently than other individuals
similarly situated, 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-
2003-03593 in Executive Session on 10 Feb 04, under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Sharon B. Seymour, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAO, undated, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 5 Dec 03.
ROSCOE HINTON, JR.
Panel Chair
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