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AF | BCMR | CY2004 | BC-2003-03656
Original file (BC-2003-03656.doc) Auto-classification: Denied


                       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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