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AF | BCMR | CY2004 | BC-2004-00503
Original file (BC-2004-00503.doc) Auto-classification: Approved




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00503
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to indicate he received a 5-skill level  in  his
Air Force Specialty (AFS) and that his pay grade be changed to  senior
airman (SRA/E-4).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He recently enrolled in college.  When  he  requested  his  transcript
from the Community College of the Air Force (CCAF), he learned he  had
earned a total of 28 credit hours.  He contends the  education  office
told him he did not receive the entire 28 credit hours, as  there  was
no record of his ever  reaching  his  5-level.   He  received  passing
scores on his 5-level career  development  course  (CDC)  testing  and
completed his on-the-job (OJT) training to  the  point  where  he  was
eligible to be upgraded to a 5-skill level.  He states the only  thing
stopping him from being awarded his degree  is  the  lack  of  the  24
hours.

In support of his appeal, the applicant has provided copies of his CDC
results, a CCAF degree-planning  sheet,  a  substantial  part  of  his
training record, a copy  of  his  February  2001  Leave  and  Earnings
statement reflecting pay at the SRA grade, and a  copy  of  his  Armed
Forces Identification Card, also reflecting grade as SRA.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant joined the Air Force on 27 February 1997.  He  attained  the
rank of Airman First Class (A1C/E-3) with a date of rank  (DOR)  of  4
June 1999.  He was issued an Article 15 on 4 February 1998 for fleeing
apprehension from local Florida policemen, possession, and  use  of  a
counterfeit military ID card, and wrongfully altering the ID  card  by
changing the birth date.  He was punished with reduction in  grade  to
airman  basic  (AB/E-1)  with  a  new  DOR  of  4 February  1998   and
restriction to the base for  14  days.   On  4  August  1998,  he  was
promoted to Airman (Amn/E-2) and on 4 June 1999, he  was  promoted  to
A1C.  On 15  December  2000,  his  commander  recommended  he  not  be
considered for reenlistment.  Consequently, on 26  February  2001,  he
was honorably discharged for completion of  required  active  service.
At the time of his  discharge,  he  had  served  four  years  and  was
discharged as an A1C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT addressed the issue of awarding the  applicant  a  5-level.
DPPAT could not verify through his records where he completed  5-level
training.  DPPAT asked the applicant to provide a statement  from  his
supervisor at the time who would verify whether or not  the  applicant
had received his 5-level.

DPPAT’s complete evaluation, with attachment, is at Exhibit C.

AFPC/DPPPWB recommends denial.  DPPPWB states that although he met the
time in grade and time in service requirements for promotion to SRA on
4 February 2001, there is no letter of promotion  recommendation  from
his commander in his  record.   There  is  however  an  AF  Form  418,
Selective Reenlistment Program Consideration, that  nonrecommends  the
applicant for reenlistment.  Therefore, since the  applicant  was  not
recommended for reenlistment on 15 December 2000  he  would  not  have
been recommended for promotion to SRA on 4 February 2001.

DPPPWB’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
2 April 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 error or injustice regarding the applicant’s  request
to upgrade his pay grade to SRA. 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.  He was eligible for promotion to SRA on  4  February  2001
but there is no  evidence  of  a  promotion  recommendation  from  his
commander  in  the  record.   Since  he  was   not   recommended   for
reenlistment on 15 December 2000, we believe he would  not  have  been
recommended for promotion to SRA on 4 February  2001.   Therefore,  in
the absence of evidence to the contrary, we find no  compelling  basis
to recommend granting the relief sought in this application.

4.  Notwithstanding the aforementioned, sufficient  relevant  evidence
has been presented to demonstrate the existence of error or  injustice
concerning  the  applicant’s  request  for  a  change  to  his  record
indicating he had received a 5 skill level for the 3E2X1 AFS, Pavement
Equipment Specialist.   The  applicant’s  supervisor,  at  that  time,
submitted a letter confirming the applicant had  received  a  5  skill
level for the 3E2X1 AFS, in February 2000.   Therefore,  we  recommend
that the records be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that he was  awarded  a  5-
skill level in the 3E2X1 Air Force  Specialty  of  Pavement  Equipment
Specialist, on 1 February 2000.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 May 2004, under the provisions of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. James E. Short, Member
      Mr. Albert C. Ellett, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 19 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.




                                   ROBERT S. BOYD
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]
Office Of The Assistant Secretary



AFBCMR BC-2004-00503




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that he was awarded
a 5-skill level in the 3E2X1 Air Force Specialty of Pavement Equipment
Specialist, on 1 February 2000.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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