RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03656
INDEX CODE: 112.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His enlistment contract be corrected to reflect an enlistment grade of
E-4 vice E-3 or change his date of rank (DOR) to 3 January 2002, which
reflects the time he served in the Army National Guard (ARNG).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged from active duty from the Army in the grade of E-4
and believes he should be reinstated to that grade.
In support of his request, applicant provided a copy of AF Form 973,
Request and Authorization for Change of Administrative Orders, a copy
of Special Orders 25-2, a copy of NGB Form 22, Report of Separation
and Record of Service, a copy of NGB Form 23B, Army Nation Guard
Retirement Points History Statement, and a copy of DD Form 214,
Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the grade of Airman First Class
(E-3) and is stationed at Pope AFB North Carolina. On 5 February
2003, the applicant was honorably discharged from the Army National
Guard in the grade of E-4. On 6 February 2003, he enlisted in the
Regular Air Force (RegAF) as an E-3 with a DOR of 6 February 2003.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends the applicant’s request be denied. At the time
of the applicant’s enlistment, he had accumulated 11 months and 18
days total active duty service. On 6 February 2003, the applicant
enlisted and both initialed and signed an AF Form 3006, Enlistment
Agreement - Prior Service, stating “I am enlisting in pay grade E-3.
I have no claim to a higher grade. I understand my entitlement to
further promotions will be in accordance with regulations in effect at
the time of my eligibility for promotion and provisions do not exist
to accelerate promotion due to my prior service or the number of years
I am enlisting for…I understand my date of rank (DOR) is my date of
enlistment in the RegAF. In accordance with governing directives and
based on the applicant having less than two years TAFMS, he enlisted
in the grade of E-3. His TAFMS time is far below that required for E-
4. His DOR was accurately computed to equal that of his 6 February
2003 RegAF enlistment date as outlined in governing directives and
enlistment contract.
The applicant’s enlistment grade was determined in accordance with
governing directives. By his initials and signature on the AF Form
3006, there is no evidence he was misled into enlisting into the RegAF
as an E-3.
The DPPAE evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
Feb 2004 for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an 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. The applicant was enlisted into the Regular
Air Force in accordance with AFI 36-2002 Regular Air Force and Special
Category Assessions, and acknowledged that he was enlisting in the
grade of E-3, that his DOR would be the date of his enlistment, and
that he had no claim to a higher grade. 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 Docket Number BC-2003-
03656 in Executive Session on 30 March 2004, under the provisions of
AFI 36-2603:
Mr. Frederick R. Beaman III, Panel Chair
Mr. Michael J. Maglio, Member
Ms. Martha J. Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Oct 03, w/atchs.
Exhibit B. Letter, AFPC/DPPAEQ, dated 5 Feb 04.
Exhibit C. Letter, SAF/MRBR, dated 13 Feb 04.
FREDERICK R. BEAMAN III
Panel Chair
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