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AF | BCMR | CY2004 | BC-2004-00224
Original file (BC-2004-00224.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00224
            INDEX NUMBER:  131.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to retain the date of rank  (DOR),  1  May  94,  of  his
promotion to staff sergeant (SSgt) while in the Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His recruiter told him that he would retain his original DOR  to  SSgt
upon reentering active duty.

He feels he is being penalized for returning to active duty after nine
years in the Air Force Reserve.

Although he understands the purpose of the  regulation  that  requires
his DOR be reset upon entering active duty, he believes he falls  into
a different category.  It was never his intention to make rank [in the
Reserves], and then return  to  active  duty,  especially  after  nine
years.

Loss of his original DOR is costing him 40 points toward promotion and
depriving him of the opportunity to test for  promotion  to  technical
sergeant (E-6) during the 2003 E-6 promotion cycle.

In support of his appeal, the applicant provides  letters  of  support
from his rating chain and copies of his Enlisted  Performance  Reports
(EPRs).

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 19 Oct  88.
He was discharged from the RegAF on 16 Aug 93 in the grade  of  senior
airman (E-4).  On 17 Aug 93, the applicant enlisted in the  Air  Force
Reserve.  He was promoted to the grade of SSgt on 1 May 1994.  He  was
discharged from the Air Force Reserve on 6 Jul 00.  On 7  Jul  00,  he
enlisted in the --- Air National Guard and was discharged on 3 Apr 03.
 The applicant enlisted in the RegAF on 4 Apr  02,  in  the  grade  of
SSgt, with DOR of 4 Apr 02, the date he entered the RegAF.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPPAOR recommends denial of the  applicant’s  request.   AFI  36-
2604, paragraph 8.1, states that former members of a regular component
enlisting  on  or  after  their  6th  anniversary  of  their  date  of
separation (DOS) receive a DOR equal to the date of enlistment in  the
RegAF.  The applicant’s DOR was computed correctly in accordance  with
this policy.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Mar 04 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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  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-2004-
00224 in Executive Session on 1 June 2004, under the provisions of AFI
36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAOR, dated 16 Mar 04,
                        w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

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