Search Decisions

Decision Text

AF | BCMR | CY2005 | bc-2004-02142
Original file (bc-2004-02142.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02142
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her enlistment grade of Airman First Class (A1C/  E-3)  be  reinstated
with a date of rank of 8 May 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was initially enlisted on 8 May 2003 in the higher grade of A1C as
she enlisted in a critical Air Force Specialty  (AFS).   She  contends
the unit demoted her to Airman (Amn/E-2) when the unit found  her  AFS
was not in fact deemed a critical  AFS.   On  further  discovery,  she
found another Airman who was enlisted as an A1C in the  same  AFS  and
had not been demoted.

In support of her appeal, the applicant  has  provided  a  copy  of  a
memorandum between her unit and HQ ANG/DP.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was enlisted into the Oregon Air National Guard (ORANG) on 8
May 2003 as an Airman (E-2).  She had originally been briefed her  AFS
qualified her for enlistment as  an  A1C  but,  prior  to  the  actual
enlistment, it was determined the AFS was not  critical.   Appropriate
changes  were  made  to  her  National  Guard  Bureau  (NGB)  Form  4,
Enlistment Record, and she signed the document enlisting as an Amn, E-
2.  She has since been promoted, during normal  promotion  cycles,  to
senior airman (SrA/E-4) effective and with a DOR of 31 December  2004.


_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI  recommends  denial.   DPPI  states  the  precedent  for  the
applicant’s request is that a coworker had been enlisted with the same
AFS and yet, after discussions with ANG/DP, he had not  been  demoted.
DPPI admits it was unfortunate she  was  incorrectly  briefed  on  her
enlistment grade, but notes she did sign the NGB Form 4  and  accepted
enlistment as an Amn.   Therefore  her  enlistment  was  correct,  she
cannot be reinstated to a grade  she  never  held,  and  no  provision
exists to support her request.

DPPI’s complete 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
11 February 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of  error  or  injustice.   It  appears  the  applicant  was
initially led to believe she would enlist as  an  E-3,  after  further
review; however, she was determined not to be eligible  to  enlist  in
that grade.  She was enlisted in the next lower grade and later  found
another airman who had enlisted under the same  circumstances  but  at
the higher grade.  Her unit feels she should have been enlisted in the
higher grade and we are inclined to agree with  them.   Therefore,  we
recommend that the records be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

            a. She enlisted in the Oregon Air National  Guard  (ORANG)
on 8 May 2003 as an airman first class (E-3) rather than as an  airman
(E-2).

            b. She was promoted to the Reserve grade of senior  airman
with an effective and date of rank of 8 November 2004, rather than  31
December 2004.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 2005, under the  provisions  of  AFI  36-
2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. Patrick C. Daugherty, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jun 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 8 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 05.




                                   CATHLYNN B. SPARKS
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]
Office Of The Assistant Secretary



AFBCMR BC-2004-02142




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that:

            a. She enlisted in the Oregon Air National  Guard  (ORANG)
on 8 May 2003 as an airman first class (E-3) rather than as an  airman
(E-2).

            b. She was promoted to the Reserve grade of senior  airman
with an effective and date of rank of 8 November 2004, rather than  31
December 2004.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-02407

    Original file (BC-2004-02407.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: The few incidents his commander cites in his recommendation to demote do not support the demotion decision. The commander’s basis for demotion action is too vague and lacks the evidence necessary to prove the applicant actually made a false statement. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2004-02407 in...

  • AF | BCMR | CY2004 | BC-2003-03794

    Original file (BC-2003-03794.doc) Auto-classification: Approved

    The above notwithstanding, the Air National Guard OPR has found that, based on the quarter hours she had earned at the time of her enlistment, she should have been enlisted as an Airman and not an Airman Basic. We agree with their finding and therefore recommend that the records be corrected as indicated below. MICHAEL K. GALLOGLY Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant Secretary AFBCMR BC-2003-03794 MEMORANDUM FOR THE CHIEF OF STAFF Having...

  • AF | BCMR | CY2005 | BC-2004-00511

    Original file (BC-2004-00511.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00511 INDEX CODE: 112.03, 131.09 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her enlistment grade be changed from E-1 (Airman Basic) to E-3 (Airman First Class) and that she receive a bonus for enlisting in the 3C1X1 Air Force Specialty (AFS). After reviewing the evidence of record, we note that the...

  • AF | BCMR | CY2003 | BC-2003-02801

    Original file (BC-2003-02801.DOC) Auto-classification: Approved

    AFBCMR BC-2003-02801 INDEX CODE: 131.05 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for the...

  • AF | BCMR | CY2005 | BC-2004-00510

    Original file (BC-2004-00510.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00510 INDEX CODE: 112.03, 131.09 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her enlistment grade be changed from E-1 (Airman Basic) to E-3 (Airman First Class); that she receive a bonus for enlisting in the 3C1X1 Air Force Specialty (AFS); and, that her promotion to E-4 be adjusted. After reviewing...

  • AF | BCMR | CY2005 | BC-2004-02127

    Original file (BC-2004-02127.doc) Auto-classification: Denied

    He transferred to the Army Reserve and on 23 February 1993, he was honorably discharged with over 14 years of service. Regarding applicant’s contention he was never told he would not be eligible for reenlistment, DPPI states he signed a Conditional Waiver Statement acknowledging the terms of his discharge to include the reenlistment eligibility entry of “Ineligible.” DPPI’s complete evaluation, with attachment, is at Exhibit...

  • AF | BCMR | CY2005 | BC-2004-00507

    Original file (BC-2004-00507.doc) Auto-classification: Denied

    After reviewing the evidence of record, we note that the ANG cannot determine whether applicant's AFSC was listed as incentive- eligible at the time of applicant's enlistment. Should the applicant provide documentary evidence showing that her AFSC was entitled to a bonus at the time of her enlistment, we would be willing to reconsider her appeal. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number...

  • AF | BCMR | CY2005 | BC-2004-00509

    Original file (BC-2004-00509.doc) Auto-classification: Denied

    After reviewing the evidence of record, we note that the ANG cannot determine whether applicant's AFSC was listed as incentive- eligible at the time of applicant's enlistment. Should the applicant provide documentary evidence showing that her AFSC was entitled to a bonus at the time of her enlistment, we would be willing to reconsider her appeal. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number...

  • AF | BCMR | CY2005 | BC-2004-00317

    Original file (BC-2004-00317.doc) Auto-classification: Denied

    DPPI’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reiterates his contention that he was not awarded service credit for his full-time experience on completion of his training. He addresses the DPPI contention that AFI 36-2005, Table 2.1, Note 8, states that applicants with less than 14 years service credit will be appointed in the grade of captain. ...

  • AF | BCMR | CY2003 | BC-2002-03736

    Original file (BC-2002-03736.doc) Auto-classification: Approved

    After reviewing the evidence of record, we believe that the applicant's enlistment in the Air National Guard in the grade of Airman Basic was in accordance with ANGI 36-2002. However, in view of the fact that the applicant accrued over 30 quarter hours of college credits by the time she graduated from high school in June 2002, we believe she should be entitled to the benefit of this achievement. JOHN L. ROBUCK Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The...