Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-03515
Original file (BC-2004-03515.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03515
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His current rank of Airman Basic (AB) be changed to airman first class
(A1C).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He enlisted in the Florida Air National Guard (FLANG) while  a  senior
in high school.  He believes he should have been promoted to A1C after
completing  Basic  Military  Training  School  (BMTS).   Due  to   his
recruiter  misinterpreting  a  regulation,  his  promotion   was   not
submitted.

In support of his appeal, the applicant has  provided  copies  of  his
high school diploma, his enlistment paperwork, and a copy  of  his  DD
Form 214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a current member  of  the  FLANG,  began  his  military
career on 4 March 2004.  He signed  an  enlistment  agreement  in  the
grade of AB to serve with the FLANG for six years.  He was assigned to
the 3E0X2 career field as a Power  Production  Apprentice.   He  began
BMTS on 19 June 2004, completed that training and completed his follow-
on technical training school on 20 October 2004 when  he  was  awarded
his 3-skill level (3E032).

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC  recommends  denial.   DPFOC  states  the   contention   the
recruiter misread the regulation denying him promotion to A1C  is  not
correct.  DPFOC contends ANG Instruction  (ANGI)  36-2002,  Enlistment
and Reenlistment in the Air National Guard and as a Reserve of the Air
Force, states airmen who graduate from BMTS may be promoted to A1C  if
their Air Force Specialty Code (AFSC) is included  on  the  Status  of
Resources and Training System (SORTS) list.  While his AFSC is listed,
his current 3-skill level does not qualify for the SORTS list.

DPFOC’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5
August 2005 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.   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
National  Guard  office  of  primary  responsibility  and  adopt   its
rationale as the basis for our conclusion that the applicant  has  not
been the  victim  of  an  error  or  injustice.   Air  National  Guard
Instruction 36-2002 does include his AFSC however; his  current  skill
level in the AFSC is a 3-level and not the required 5-level or 7-level
he needed to be promoted early to the grade of A1C.  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 AFBCMR Docket Number BC-
2004-03515  in  Executive  Session  on  25  October  2005,  under  the
provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Nov 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPFOC, dated 27 Jul 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-03625

    Original file (BC-2004-03625.doc) Auto-classification: Denied

    His DOR to SSgt was changed to his enlistment date. 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 National Guard office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be...

  • AF | BCMR | CY2005 | bc-2005-01005

    Original file (bc-2005-01005.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: Prior to resigning from the Navy and accepting appointment in the FLANG, he was notified of his selection for promotion to 05 by the Navy. DPFOC cites Air Force Instruction (AFI) 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and the United States Air Force, wherein it is stated officers appointed in the ANG from other...

  • AF | BCMR | CY2005 | BC-2004-03620

    Original file (BC-2004-03620.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He attained the grade of SSgt while in the US Navy and contends he should receive credit for the time in grade he held in that rank. He was promoted to staff sergeant (SSgt) with a date of rank (DOR) of 22 March 2004. 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 National Guard office of...

  • AF | BCMR | CY2005 | BC-2004-03103

    Original file (BC-2004-03103.doc) Auto-classification: Denied

    He contends the Excellent rating and his eventual non retention for reenlistment in the FLANG were both forms of reprisal because he had filed a Military Equal Opportunity complaint against his supervisor. DPFOC states the rating of Excellent did not seem inappropriate and since it was not written using derogatory terms it should not be considered a referral EPR as indicated by the applicant. After a thorough review of the evidence of record and applicant's submission, we are not...

  • AF | BCMR | CY2013 | BC 2013 01234

    Original file (BC 2013 01234.txt) Auto-classification: Denied

    Grade Determination for Non-Prior Service (NPS) Enlistees, enlistment in the grade of E-3 is authorized when the applicant meets the following criteria: a. Presents General Billy Mitchell Award certificate showing successful completion of the Civil Air Patrol (CAP) training program. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary which is attached at Exhibit...

  • AF | BCMR | CY2005 | BC-2005-00209

    Original file (BC-2005-00209.doc) Auto-classification: Denied

    Her application met the selection board on 1 July 2004 and she was selected for the position. She was promoted to the grade of MSgt with an effective date and DOR of 22 October 2004. _________________________________________________________________ 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...

  • AF | BCMR | CY2014 | BC 2014 00027

    Original file (BC 2014 00027.txt) Auto-classification: Denied

    On 20 Nov 13, the applicant was promoted to the grade of E-3. As such, he was never eligible for promotion to the grade of E-3, effective 21 Jun 13, as requested. A complete copy of the NGB/A1PP additional evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: He argues a change to the FY13, R&R Initiatives added his AFSC 2T2X1 to the critical skills AFSC list, effective 1 Oct 12, as verified through his Force Support Squadron (FSS).

  • AF | BCMR | CY2013 | BC 2013 04057

    Original file (BC 2013 04057.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibilities (OPRs) which are included at Exhibits C, D, E and F. AIR FORCE EVALUATION: USAF/A3O-AIF recommends denial of the applicant’s request for the award of the Aeronautical Badge because she did not have at least 36 months of operational flying to be permanently awarded the Aircrew Member Badge. In accordance with Air Force Instruction 36-3203,...

  • AF | BCMR | CY2006 | BC-2004-02945

    Original file (BC-2004-02945.doc) Auto-classification: Denied

    Each time he was told it was being worked. Was the selected individual eligible to apply for the 2R171 position as stated in applicable regulations at the time? _________________________________________________________________ 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...

  • AF | BCMR | CY2006 | BC-2004-03882

    Original file (BC-2004-03882.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He was not counseled or advised of the options available to him regarding the Medical Evaluation Board (MEB), the Informal Physical Evaluation Board (IPEB) or medical discharge from the Air Force. Further, he was not given adequate time to reach a decision on whether or not to submit a letter of exception to the IPEB regarding the Board’s findings. Furthermore, applicant submitted a letter...