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AF | BCMR | CY2004 | BC-2003-03593
Original file (BC-2003-03593.DOC) Auto-classification: Denied


                       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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