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AF | BCMR | CY2006 | BC-2006-00783
Original file (BC-2006-00783.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00783
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 SEP 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade upon return to  active  duty  be  changed  to  technical  sergeant
(TSgt) rather than staff sergeant (SSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to the grade of SSgt in November 1997 and promoted  to  TSgt
in July 1999.  He served nearly three years as an active  Reservist  in  the
grade of TSgt.

He has been activated and served the majority of his time as a TSgt  serving
during contingency operations.  He was the senior ranking  RADAR  technician
to deploy to monitor Northern Iraq  during  Operation  Iraqi  Freedom.   His
unit was the only AWACS unit monitoring this area.  None of his  time  as  a
TSgt in the Reserves  counts  toward  time-in-grade  (TIG)  in  his  current
enlistment.  His points for TIG will  be  the  minimum  available  and  will
affect his ability to be selected for promotion.

He states on his last four Enlisted Performance Reports (EPRs)  he  received
ratings of  “5.”   He  has  also  received  his  baccalaureate’s  degree  in
Business Marketing with a minor in Management Information  Systems,  with  a
grade point average of 3.38.  Since  his  return  to  active  duty,  he  has
earned a group level Non-Commissioned Officer (NCO) of the quarter award.

In support of his appeal, he provided a personal statement and  two  letters
of support.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 24 June 1991, the applicant entered active duty.  On 23 June 1995 he  was
honorably released from active duty  in  the  grade  of  senior  airman  and
transferred to the Air Force Reserves  (AFRes).   He  was  promoted  to  the
grade of SSgt in the AFRes effective and with a date  of  rank  (DOR)  of  1
November 1997 and promoted to TSgt effective and with a DOR of 1 July  1999.
 On 1 March 2004, he was honorably discharged from the AFRes and on 2  March
2004 entered active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states at the time of  the  applicant’s
enlistment into the Regular Air  Force  he  had  8  years,  11  months,  and
22 days TAFMS.  To qualify for entry in the grade of TSgt  individuals  must
have 10 years Total Active Federal Military Service (TAFMS).  The  applicant
does not meet the minimum TAFMS requirements according to AFI 36-3202.

The DPAE complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and  indicated  he  believes  that  an
arbitrary calculation based solely on TAFMS does not  serve  the  Air  Force
well.

Applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice.  Evidence has not been  presented  which
would lead us to believe that the regulations in effect  at  the  time  were
not appropriately applied or that he was treated differently than others  in
similar situations.  After reviewing the available  evidence  of  record  it
appears that his grade and date of rank  upon  enlistment  on  2 March  2004
into the Regular Air Force were properly determined.  Accordingly, 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 evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
00783 in Executive Session on 18 July 2006, under the provisions of AFI  36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Mar 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 25 Apr 06, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.
   Exhibit E.  Letter, Applicant, dated 2 May 06, w/atch.



                 KATHLEEN F. GRAHAM
                 Panel Chair


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