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.
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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.
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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.
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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.
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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