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AF | BCMR | CY2005 | BC-2005-00620
Original file (BC-2005-00620.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
00620
                                             INDEX CODE:  131.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  22 AUGUST 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to senior airman be changed from 13  Jan  04
to 1 Jul 00.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He spent most of his career in the  Air  Force  Reserve  on  active
duty.  His record reflects 13 Jan 04, as his DOR to senior  airman.
This has put him in the very rear for promotion and is causing  him
to lose both time and money while serving.

He served over 1,300 active duty days, which equates to three and a
half years of total active military service.  He served in the U.S.
Southern Command, Bolivia, Guyana, Guantanamo Cuba, Hickam AFB, and
Langley AFB.  He served along side active duty members of the  same
rank and was subject to the same rules and  responsibilities.   His
role as a reservist was not that of a  traditional  reservist,  who
just does his or her one weekend a month and two weeks a year.   He
was on active duty days most of his reserve career.  He understands
there is a regulation that stipulates a reservist coming on  active
duty loses their DOR.  He is asking  for  an  exception  to  policy
being that his reserve career was mostly on active duty status.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on  28  Jan  99  as  an
airman first class (E-3) and  was  progressively  promoted  to  the
grade of senior airman (E-4) with an  effective  date  and  DOR  of
1 Jul 00.  On 12 Jan 04, the applicant was discharged from the  Air
Force Reserve.  He was credited with a total of  1087  active  duty
days during the period 28 Jan 99 – 12 Jan 04.

He enlisted in the Regular Air Force on 13 Jan 04, in the grade  of
senior airman, with a DOR of 13 Jan 04.  His adjusted Total  Active
Federal Military Service Date (TAFMSD) is 6 Jan 01 (3 years  and  7
days of creditable service).

Applicant was a selectee  for  promotion  to  the  grade  of  staff
sergeant during cycle 04E5, with promotions effective between 1 Sep
04 and 1 Aug 05.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends the application be denied and  states,  in
part, that the applicant’s DOR was computed in accordance with  AFI
36-2604, Service Dates and Dates of Rank, Paragraph 8.1.   The  AFI
states “The DOR will equal the date of  enlistment  for  reservists
who have never served in a regular component.”  Active duty service
performed while in the Reserves is not the same category as when  a
member is in the  Regular  Air  Force.   Furthermore,  typically  a
member  will  initial  paragraph  B  of  AF  Form  3006,   Enlisted
Agreement, which states that if member never served in the  Regular
Air Force, member’s DOR will be their date of enlistment.  AFPC was
unable to locate this document for the member.

Based on the governing directive, the applicant’s DOR was  computed
correctly.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 Apr 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.   The  applicant’s
contentions  are  duly  noted;  however,  we  do  not  find   these
arguments,  in  and  of  themselves,  sufficiently  persuasive   to
override the rationale provided by the Air Force.  The  instruction
governing establishment of service dates and dates of rank provides
that a reservist who has never served in a regular  component  will
receive a date of rank (DOR) equal to the date of enlistment in the
Regular Air Force.  The applicant was a  reservist  who  had  never
served in a regular component.  Therefore, he received  a  date  of
rank equal to his date of enlistment  in  the  Regular  Air  Force,
13 January 2004.   After  thoroughly  reviewing  the  documentation
submitted in support of applicant’s appeal,  we  find  no  evidence
that his date of  rank  was  computed  contrary  to  the  governing
instruction  or  that  he  was  treated  differently  than   others
similarly situated.  Based on the foregoing, and 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  issues  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 Docket Number BC-2005-
00620 in Executive Session on 18 May 2005, under the provisions  of
AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAO, dated 7 Apr 05, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Apr 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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