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AF | BCMR | CY2005 | BC-2004-03684
Original file (BC-2004-03684.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-03684
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Nov 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her enlistment pay grade be  changed  from  senior  airman  (E-4)  to  staff
sergeant (E-5).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

There should be a waiver available  which  will  allow  her  to  retain  her
former rank of E-5.   At  the  time  of  her  discharge  from  the  Navy  on
4 September 2001, she held the rank of E-5; however, when  she  enlisted  in
the Air Force on 8 May 2003, she was enlisted in  the  grade  of  E-4.   She
should not have to go through the same process again.

In support of the appeal, applicant submits extracts from her Navy records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the United States Navy  from  5 August  1996  through  4
September 2001, and held the grade of E-5 at  the  time  of  her  discharge,
with an effective date of 16 April 2001.  She was credited with 5  years,  1
month, and 3 days of active duty service.

She contracted her enlistment in the Regular Air Force on 8 May 2003, for  a
period of four years in the grade of senior airman (E-4).  She is  currently
serving in the grade of staff sergeant (E-5), with  a  date  of  rank  of  1
February 2005, and an effective date of 24 February 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAEQ recommends the application be denied and states, in  part,  that
applicant’s enlistment grade of E-4 was determined correctly as outlined  in
governing directives.  The minimum amount of Total Active  Federal  Military
Service (TAFMS) required to enlist in the Regular Air Force in the grade  of
E-5 is 5 years and 6 months; applicant’s TAFMS is 5 years and 1  month.   On
8 May 2003, she initialed and signed a DD Form 4/1,  Enlistment/Reenlistment
Agreement Document which stated “I am enlisting/reenlisting  in  the  United
States Air Force this date for 4 years and 00 weeks  beginning  in  the  pay
grade of E-4.”

The AFPC/DPPAEQ evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 21 January 2005 for review and response within 30 days.  However,  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  to  warrant  changing  her  enlistment  pay
grade to staff sergeant (E-5).  Applicant served in the United  States  Navy
from 5 August 1996 through 4 September 2001, and held the grade  of  E-5  at
the time of her discharge.  She was credited with 5 years, 1  month,  and  3
days of active  duty  service.   The  applicant  contends  she  should  have
received a waiver for the time she spent in the Navy  and  been  allowed  to
enlist in the Air Force in the grade of  staff  sergeant.   After  reviewing
the  evidence  of  record,  we  find  no  evidence  of  error  or  injustice
concerning  her  enlistment  grade.   Since  the  minimum  amount  of  TAFMS
required to enlist in the Regular Air Force in the grade of E-5 is  5  years
and 6 months, and at the time of her enlistment, her TAFMS was 5  years  and
1 month, her  enlistment  grade  was  appropriately  established  as  senior
airman.  Further, we find no evidence she was promised, or led  to  believe,
that she would  be  enlisted  in  the  grade  of  staff  sergeant.   To  the
contrary,  on  8  May  2003,  she  initialed  and  signed  a  DD  Form  4/1,
Enlistment/Reenlistment   Agreement   Document   which    stated    “I    am
enlisting/reenlisting in the United States Air Force this date for  4  years
and 00 weeks beginning in the pay grade of E-4.”  In view of  this,  and  in
the absence of evidence that her TAFMS was incorrectly calculated,  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-2004-03684
in Executive Session on 23 March 2005, under the provisions of AFI 36-2603:

                       Mr. Frederick R. Beaman, III, Panel Chair
                       Mr. Michael J. Maglio, Member
                       Ms. Rita J. Maldonado, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Sep 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAEQ, dated 11 Jan 05.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Jan 05.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair

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