RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03585
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  21 May 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

His pay grade be changed to senior airman (E-4) with an effective date
and date of rank (DOR) of 10 Jun 04.

_________________________________________________________________

APPLICANT CONTENDS THAT:

According to the following provisions in AFI 36-2020 he should be an E-
4 with a date of separation of 7 May 06:

        a. Paragraph 8.1.2.1.1.  If the Secretary separates the  cadet
after the beginning of the second class academic year but  before  the
beginning of the first class academic year, the period of active  duty
is two years.

        b. Paragraph 8.1.4.3.  The  Air  Force  awards  the  grade  of
senior airman (E-4) to First Class  cadets  ordered  to  active  duty.
These individuals must qualify at the five-skill level.

A letter of support from his current commander  states  the  applicant
committed a dismissible offense while a Cadet Second  Class,  but  was
not discharged until after the beginning of his First Class year.  The
commander notes that  while  he  was  advised  in  conversations  with
subject matter experts on Academy discharge  policy  of  practices  of
discharging cadets based on either date of actual offense or beginning
of the Academic  year,  he  has  not  found  published  guidance  that
substantiates these policies.

In support of his appeal, applicant provides a letter of support  from
his commander with the original package submitted through his military
personnel flight (MPF) to AFPC requesting promotion.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 16 Apr 03, an Air  Force  Academy  Cadet  Sanctions  Recommendation
Panel (CSRP) found the applicant, a Cadet Second Class,  in  violation
of the Cadet  Honor  Code  by  cheating.   The  CSRP  recommended  the
applicant  be  disenrolled.   Subsequently,  the  Air  Force   Academy
Superintendent directed the applicant’s separation and recommended  to
the Secretary of the Air Force (SECAF) that the applicant be called to
active duty for a period of  two  years.   On  2  Oct  03,  the  SECAF
approved the recommendation of the Superintendent, Air Force  Academy,
to disenroll the applicant.  The SECAF also  approved  an  educational
delay of the applicant’s active duty service incurred by reason of his
attendance to the Air Force Academy, provided he  was  accepted  in  a
college undergraduate degree program and an AFROTC program leading  to
an appointment as  a  commissioned  officer  in  the  Air  Force  upon
graduation.  The applicant was directed to enter active duty not later
than 1 May 05 or 30 days  after  completion  of  undergraduate  degree
requirements or termination  of  student  status,  whichever  occurred
first.  The applicant was released from active duty at the  Air  Force
Academy on 23 Jan 04.   The  applicant  was  subsequently  ordered  to
active duty on 11 Jun 04 in the grade of  airman  first  class  (A1C),
involuntarily, for a period of 23 months.  He currently has a date  of
separation of 7 May 06.

_________________________________________________________________

AIR FORCE EVALUATION:

USAFA/DPY provides an overview of the requirements contained in AFI 36-
2020, but makes no specific recommendation.

The 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 2
Dec 05 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request, HQ USAFA/DPY provided  an  additional
evaluation.   They  recommend  the  applicant’s  request  be   granted
provided the applicant meets the  five-skill  level  qualification  as
indicated in AFI 36-2020, paragraph 8.1.4.3.

The additional evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

In his response to the additional Air Force evaluation, the  applicant
states he should be promoted to  the  grade  of  senior  airman  (SrA)
effective 10 Jun 04 in accordance with AFI 36-2020, paragraph 8.1.4.3.
 He advises he has been awarded his  five-skill  level  and  has  been
promoted to SrA effective 6 Jan 06.   He  opines  that  since  he  has
earned his five-skill level, his  request  should  be  approved.   The
applicant also discusses the definition of the word “retain”  as  used
in AFI 36-2020, paragraph 8.1.4.3.  He states  that  retain  means  to
keep in possession or use, which he believes means he should have been
brought on active duty as a senior airman.

The applicant’s complete response is at Exhibit G.

________________________________________________________________


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.  The Board accepts the  recommendation
of HQ USAFA/DPY that the applicant’s request be approved,  provided  he
meets the 5-skill level qualifications as  indicated  in  AFI  36-2020,
paragraph 8.1.4.3.  AFI 36-2020 further states  that  separated  “first
class” cadets ordered to active duty by the Secretary of the Air  Force
(SECAF) are awarded the grade of SrA.  The applicant was a cadet  first
class at the time of his separation and should  have  been  ordered  to
active duty as a SrA.  The applicant has subsequently been promoted  to
the grade of SrA on 6 Jan 06 and has been awarded  his  5-skill  level.
Consequently, we find no basis to question whether he  would  have  met
the necessary qualifications to retain the grade of  SrA  had  he  been
properly ordered to active duty in that grade.  Therefore, we recommend
his 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  Special  Order  AD-
01172, dated 7 Jun 04, be  amended  to  show  that  the  applicant  was
transferred to the Air Force Reserves and ordered to active duty in the
grade of senior airman (E-4) with a date of rank (DOR) of 6 May 04  and
effective date of 10 Jun 04.

_______________________________________________________________
The following members of the Board considered  Docket  Number  BC-2005-
03585 in Executive Session on 23 February 2006, under the provisions of
AFI 36-2603:

      Mr. Laurence Groner, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Jan Mulligan, Member

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

     Exhibit A.  DD Form 149, dated 31 Oct 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, HQ USAFA/DPY, dated 23 Nov 05.
     Exhibit D.  Letter, SAF/MRBR, dated 2 Dec 05.
     Exhibit E.  Memorandum, HQ USAFA/DPY, dated 21 Dec 05,
                 w/atch.
     Exhibit F.  Letter, AFBCMR, dated 29 Dec 05.
     Exhibit G.  Memorandum, Applicant, dated 23 Jan 06.




                                   LAURENCE GRONER
                                   Panel Chair


AFBCMR BC-2005-03585


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 XXXXXXX, XXXXXXX, be corrected to show that
Special Order AD-01172, dated 7 Jun 04, be amended to show that the
applicant was transferred to the Air Force Reserves and ordered to
active duty in the grade of senior airman (E-4) with a date of rank
(DOR) of 6 May 04 and effective date of 10 Jun 04.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency