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AF | BCMR | CY2005 | BC-2004-03625
Original file (BC-2004-03625.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03625
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of staff sergeant be changed  from
28 October 1995 to 16 April 1994.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DOR to staff sergeant (SSgt) while in the Navy was 16 April  1994.
He enlisted with the Oregon Air National Guard (ORANG)  on  28 October
1995.  Upon his enlistment with the ORANG, he was assigned a  new  DOR
to SSgt of 28 October 1995.  He contends his DOR should have  remained
16 April 1994.

In support of his appeal, the applicant has provided  a  copy  of  his
Navy promotion certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant, a current member of the Florida Air National Guard (FLANG),
began his military career with the US Navy on  29 December  1988.   He
left the Navy Reserve (USNR) and enlisted in the ORANG on  28  October
1995 as a SSgt.  His DOR to SSgt was changed to his  enlistment  date.
He served with the ORANG until  he  transferred  to  the  Florida  ANG
(FLANG) on 23 February 2001.  He has over  15  years  of  satisfactory
service and is serving in the grade of SSgt.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  DPFOC states  while  current  enlistment
instructions allow members to enlist with their  current  DOR  intact,
instructions at the time of his enlistment with the ORANG required the
enlistee’s DOR be changed to the date of  the  enlistment  unless  the
enlistee transferred to the ANG via a direct conversion with a 3 skill
level in the Air Force Specialty (AFS)  he  transferred  into.   DPFOC
contends  there  is  no  evidence  the  applicant  received  a  direct
conversion when he enlisted in the ORANG.

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.  Therefore, in  the  absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2004-03625  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 Oct 04, w/atch.
    Exhibit B.  Letter, ANG/DPFOC, dated 27 Jul 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Aug 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair

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