Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-02147
Original file (BC-2004-02147.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02147
            INDEX CODE:  102.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade upon entry into the Air Force be corrected  to  reflect  technical
sergeant (E-6), rather than staff sergeant (E-5).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to E-6 in the Army on 1 Apr 94.  When he transferred to  the
Air Force, the recruiter informed him he had to wear E-6 for five  years  in
order to keep the rank when enlisting in  the  Air  Force.   He  received  a
waiver to  reenlist  and  his  enlistment  rank  should  have  been  E-6  in
accordance with AFI 36-2002.

In support of his request, applicant provided a copy of his DD Form 214,  an
extract from AFI 36-2002, and documents extracted from  his  Army  personnel
records.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Army on 13 Sep 89  and  was  progressively
promoted to the Army grade of staff  sergeant  (E-6),  having  assumed  that
grade effective and with a date of rank  of  1 Apr  94.   He  was  honorably
discharged on 25 May 96 after serving 6 years, 8  months,  and  13  days  on
active duty.  He enlisted in the Regular Air Force  on  7  Nov  02,  in  the
grade of staff sergeant (E-5).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states the applicant signed a  contract
stating he understood the terms of his enlistment agreement.   AFI  36-2002,
clearly states the minimum total active  federal  military  service  (TAFMS)
required for enlistment in a higher pay grade than last held in the  Regular
Air Force or when the last Regular component was  non-USAF  for  E-6  is  10
years.  He does not have the 10 years TAFMS.  The  DPPAE  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  6  Aug
04 for review and comment within 30 days.  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 error or injustice that would warrant  corrective  action.   We
took notice of the applicant's complete submission in judging the merits  of
the case.  However, after a thorough review of the evidence  of  record,  it
appears that his entry grade was correctly computed in accordance  with  the
governing directives.  We do not  find  his  uncorroborated  allegations  of
miscounseling sufficiently enough to lead us to believe he  is  entitled  to
any additional grade credit.   Therefore  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as basis for our conclusion that he has not been the  victim
of an error or injustice.  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 AFBCMR Docket Number  BC-2004-
02147 in Executive Session on 28 Sep 04, under the  provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 3 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9900134

    Original file (9900134.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00134 INDEX CODE: 112.02 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His enlistment grade be changed from senior airman (E-4) to his previous grade of staff sergeant (E-5), with a date of rank of 1 Sep 95. APPLICANT CONTENDS THAT: He was miscounseled on his enlistment options for the Regular Air Force and as a result, he lost a stripe and active duty time. The...

  • AF | BCMR | CY2005 | BC-2003-02219

    Original file (BC-2003-02219.DOC) Auto-classification: Denied

    Applicant’s military personnel records reveal that, on 8 March 1997, the applicant was released from active duty and transferred to the Air Force Reserve under the provisions of AFI 36-3208 (completion of active required service). _________________________________________________________________ AIR FORCE EVALUATIONS: HQ AFPC/DPPAOR states the applicant’s service dates and date of rank to the grade of E-4 are correct. As of this date, no response has been received by this office (Exhibit F).

  • AF | BCMR | CY2005 | BC-2004-02529

    Original file (BC-2004-02529.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02529 (Case 2) INDEX CODE: 121.00, 128.05, 111.02, 107.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 17 FEB 2006 _________________________________________________________________ APPLICANT REQUESTS: Further relief due to the Board’s approval of his initial appeal for reinstatement to active duty. ...

  • AF | BCMR | CY2003 | BC-2002-02844

    Original file (BC-2002-02844.DOC) Auto-classification: Denied

    The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action. _________________________________________________________________ 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...

  • AF | BCMR | CY2003 | BC-2002-03735

    Original file (BC-2002-03735.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03735 INDEX NUMBER: 110.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “2C,” “Involuntarily separated with an honorable discharge: or entry level separation without characterization of service,” be changed to RE Code...

  • AF | BCMR | CY1999 | 9901404

    Original file (9901404.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01404 INDEX NUMBER: 112.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to the grade of staff sergeant be changed from 12 September 1996 to 1 May 1993, the DOR held during his previous Regular Air Force enlistment. At the time of his separation, he was serving in the grade of...

  • AF | BCMR | CY2004 | BC-2004-00223

    Original file (BC-2004-00223.doc) Auto-classification: Approved

    On 10 Sep 03, the Board did not restore his SSgt grade but instead promoted him to senior airman effective 9 Apr 03 and waived the HYT restriction so he could be eligible for promotion consideration by the 04E5 cycle. His present reenlistment (RE) code of 4D renders him ineligible to reenlist because of HYT restrictions, i.e., he has not yet been promoted to SSgt. A complete copy of the evaluation is at Exhibit D. HQ AFPC/DPPRR notes the applicant is not reenlistment eligible,...

  • AF | BCMR | CY2003 | BC-2002-03832

    Original file (BC-2002-03832.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03832 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The reenlistment eligibility (RE) code reflected on his DD Form 214 be changed to allow him to return to active duty. DPPAES further states the reenlistment eligibility code "4D" is the applicable code for a member whose grade is...

  • AF | BCMR | CY2004 | BC-2003-01984

    Original file (BC-2003-01984.DOC) Auto-classification: Approved

    In support of his appeal, the applicant provided a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, a personal statement, and extracts from his military personnel and medical records. A complete copy of the AFPC/DPPAE evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 21 Nov 03...

  • AF | BCMR | CY2006 | BC-2005-02663

    Original file (BC-2005-02663.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02663 INDEX CODE: 111.02 XXXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 Febuary 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: He be accredited with 28 semester hours effective upon his entry into the Air Force on 25 March 1993 for advanced enlistment grade entitlement. We note...