RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01124
            INDEX CODE:  102.07
      XXXXXXXXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXXXXXXXX HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 OCT 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to airman first class (A1C) be changed to  2 February
2003, with an effective DOR of 15 July 2004.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes it was unfair to be promoted to A1C in  October  2004,  only  to
have the promotion rescinded a few months later.

In support of his  request,  applicant  provided  a  personal  statement,  a
statement from  his  father,  DD  Form  215,  Correction  to  DD  Form  214,
Certificate  of  Release  or  Discharge  from  Active  Duty,  DD  Form  214,
Certificate of Release or Discharge from  Active  Duty,  Recommendation  for
Promotion letter from  1MSS/DPMPE,  a  Personal  Data  printout,  background
documentation relating to applicant’s promotion and pay issues, AF IMT  Form
931, Performance Feedback  Worksheet,  AF  Form  910,  Enlisted  Performance
Report, BCMR case BC-2003-01318, relating  to  applicant’s  request  for  an
reenlistment eligibility code (RE) change,  and  a  Case  Management  System
printout.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 April 2002 for  a  term
of 4 years.

On 30 July 2002, he was discharged from the Air Force under  the  provisions
of  AFI  36-3208,  Administrative  Separation  of  Airmen,  for  entry-level
performance and conduct.  The  specific  reason  for  this  action  was  his
failure to make satisfactory progress in a required  training  program.   He
received an RE  code  of  2C  “Involuntarily  separated  with  an  honorable
discharge; or entry level separation without characterization  of  service”.
He served 3 months and 15 days total active service.

On 28 April 2002, the applicant applied to the AFBMCR and requested  his  RE
code be changed to allow him to return to active duty.   On  31  July  2003,
the AFBMCR granted the applicant’s request  and  directed  his  RE  code  be
changed to 3K “Reserved for use by HQ  AFPC  or  the  Air  Force  Board  for
Correction of Military Records when no other reenlistment  eligibility  code
applies or is appropriate”.

On 15 July 2004, the applicant reentered the Regular Air Force in the  grade
of airman for a term of 4 years.

The applicant inquired with the promotions section as to when  he  would  be
promoted to A1C.  On 28 October 2004, he was promoted to A1C with a  DOR  of
2 February 2003.  On 28 January 2005, the applicant’s service dates were re-
verified, and his rank was changed back to airman, with  an  effective  date
of 15 July 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial.  DPPWB states DPPAEQ  verified  his  prior
service dates and no  errors  were  found  in  his  enlistment  contract  or
enlistment grade of  airman.   DPPPWB  states  DPPAEQ  also  determined  the
applicant’s rank and DOR is accurately established as the  entry  to  active
duty (EAD) date in accordance with AFI 36-2002, attachment 4.2.

The DPPPWB 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  May
05, 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.   Evidence  has  not  been  provided  which
would lead us to believe that the rules of the applicable  regulations  were
inappropriately applied or that  he  was  denied  rights  to  which  he  was
entitled.  It appears the basis for the applicant’s request is  he  believes
it was unfair to be promoted to Airman First Class in October 2004, only  to
have his promotion rescinded a few months later.  In as much  as  the  Board
sympathizes  with  the  applicant,  we  believe  the  Air  Force  took   the
appropriate actions in a timely manner to correct his  erroneous  promotion.
Furthermore, the Board is not persuaded that a change to his  date  of  rank
is warranted. The Board believes, the intention  of  the  AFBCMR’s  28  July
2002 decision to change  the  applicant’s  RE  code  to  “3K”,  was  not  an
admission that the Air Force erroneously separated the applicant during  his
initial enlistment, but  the  waiverable  RE  code  was  granted  solely  to
provide the applicant another  opportunity  to  apply  for  enlistment  into
military service.  Therefore, we agree with the opinion  and  recommendation
of the Air Force 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.  In the absence  of  persuasive  evidence  to  the
contrary, we find no 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-2005-01124
in Executive Session on 29 June 2005, under the provisions of AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Jan Mulligan, Member
                 Ms. Patricia A. Robey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 26 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 6 May 05.






                                   GREGORY H. PETKOFF
                                   Panel Chair