RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00179
INDEX CODE: 112.02
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he enlisted in the Regular Air Force in
the grade of senior airman (E-4), rather than airman first class (E-3).
________________________________________________________________
APPLICANT CONTENDS THAT:
He met the minimum requirements set forth in AETCI 36-2002, Recruiting
Procedures for the Air Force, A3.5, Table 3.1, note 5, which states that
the minimum Total Active Federal Military Service (TAFMS) requirements for
enlistment when the last regular component was non-Air Force are 2 years
for Senior Airman (E-4); 5 years and 6 months for Staff Sergeant (E-5), and
10 years for Technical Sergeant (E-6). He also refers to AIG 8106 1C 2001-
1 (not attached).
He enlisted in the Air Force on 28 February 2002, and reported to Lackland
AFB, TX for a Prior Service Sister Service course. Upon completion of this
course, he reported to Keesler AFB, MS, to attend technical school. His
orderly room at Lackland believed his rank of Airman First Class was in
error, and began to correct his record. Three months later, he was told by
his orderly room and First Sergeant to wear the rank of Senior Airman and
his leave and earnings statement would reflect the change in rank. The Air
Force Personnel Center (AFPC) adjusted his grade to Senior Airman with a
date of rank of 30 March 1999.
He arrived at Scott AFB, IL, and was told to test for Staff Sergeant and to
submit a request for a skill level waiver because he had not completed 5-
skill level training. He graduated from Airman Leadership School in June
2003, submitted the waiver request, and departed for a three-day field
training exercise. Upon his return, he was informed that his waiver
request was disapproved, and that he would not be eligible for promotion to
Senior Airman until 28 October 2003. As a result of this action, he
incurred a large debt, and was unable to test for promotion to Staff
Sergeant. AFPC informed his Military Personnel Flight that prior service
performed by E-3s and below is not counted, and his four years of prior
Marine Corps service would not be added to his Air Force time.
His Commander, First Sergeant, and Senior Enlisted Advisor, have all tried
to help rectify this matter. The debt incurred from this incident is
overwhelming, and he cannot afford it. He feels if he had been allowed to
test for Staff Sergeant when he was first told he could, he would have
scored high enough to be promoted that time.
In support of his request, the applicant has submitted an excerpt from
AETCI 36-2003, 18 April 2000; an Active Duty Report, DD Form 220; a
Separation Document, DD 214; an Assignment Order 42-11 dated 28 Feb 2002,
and a memorandum, Request for Relief from Debt, dated 7 Jan 2004. The
applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 February 2002 in the
grade of Airman First Class (E-3) for a period of four years. He enlisted
for retraining in Air Force Specialty (AFS) 3E3X1 “Structural” with first
regular duty assignment to Scott AFB, IL. He was promoted to the grade of
Senior Airman (E-4) effective and with a date of rank of 28 October 2003.
Based on prior military service his TAFMS date is 28 February 1998.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAEQ recommends denial. DPPAEQ states that on 28 July 2001 the
applicant was released from active duty from the United States Marine Corps
(USMC) in the pay grade of Lance Corporal (E-3), after four years of
service. On 28 February 2002, the applicant enlisted in the Regular Air
Force (RegAF) in the grade of Airman First Class (E-3). DPPAEQ states that
AFI 36-2002, Regular Air Force (RegAF) and Special Category Accessions, is
the governing directive for determining enlistment grades, and outlines the
minimum amount of TAFMS required to enlist in a grade previously held in a
branch other than the RegAF. The source document used to determine
enlistment grades in the RegAF when the grade was earned from another
branch of service is the DD Form 214, Certificate of Discharge. The
applicant did not provide documentation that the highest grade he
previously held was E-4 or higher. At the time of enlistment, the
applicant 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 DOR
is my date of enlistment in the RegAF.” HQ AFPC/DPPAEQ’s evaluation is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant was provided a copy of the advisory opinion for review and
comment on 5 March 2004. As of this date, this office has received no
response.
________________________________________________________________
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. After a thorough review of the
evidence presented, it appears that in accordance with governing
directives, Recruiting Service representatives took appropriate action in
executing the applicant’s enlistment grade based on active duty time served
with the United States Marine Corps. Additionally, the governing directive
stipulates the grade determination for non-Air Force prior service
Enlistees as the grade in which last separated from regular component, and
in this case the applicant’s prior service grade was E-3 which is
equivalent to Airman First Class in the Regular Air Force. Although the
applicant’s MPF erred by changing the applicant’s records to show he was
enlisted in pay grade E-4 and this error was subsequently discovered and
corrected, in our estimation, this does not warrant approval of the
requested relief. As to the debt incurred by the applicant based on the
MPF’s erroneous actions, the applicant should contact his local Finance
Office to submit a request to the Defense Accounting and Finance Service
(DFAS) for a waiver of the debt. Should DFAS deny his request, having
exhausted his administrative remedies, he may then apply to this Board for
relief concerning the debt. In view of the above, 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 an injustice. In
the absence of evidence to the contrary, we find no 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 probable 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 this application in Executive
Session on 23 June 2004, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Barbara R. Murray, Member
Mr. Cheryl V. Jacobson, Member
The following documentary evidence was considered in connection with AFBCMR
BC-2004-00179:
Exhibit A. DD Form 149, dated 9 Jan 04, with attachments.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAEQ, dated 26 Feb 04.
THOMAS S. MARKIEWICZ
Chair
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