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AF | BCMR | CY2006 | BC-2006-01103
Original file (BC-2006-01103.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01103
            INDEX CODE:  110.00
      XXXXXXXXXXXXXXX  COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be allowed to reenlist in the Air Force Reserve for four years so  he
may be retirement eligible.

2.  He be promoted to technical sergeant  (E-6)  or  master  sergeant  (E-7)
with back pay and allowances.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has tried to reenlist in the Air Force Reserve  from  the  Army  National
Guard; however, the Air  Force  Reserve  recruiters  made  false  statements
about his record and discharge.

In support of his request, applicant provides a personal  statement,  copies
of correspondence from Air Force Reserve officials and  copies  of  document
from his master personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 7 February 1979, the applicant enlisted in the Air Force Reserve  in  the
grade of airman first class (E-3).  At  that  time,  he  was  credited  with
prior service in the U.S. Navy from 27 December  1968  through  26  December
1972  when  he  was  discharged  in  the  grade  E-3.   The  applicant   was
progressively promoted to the grade  of  staff  sergeant  (E-5).   Applicant
received three AF Forms 910, TSgt,  SSgt  and  Sgt  Performance  Report,  in
which his overall evaluations were 8, 6, 9 (9 being the highest rating)  and
an  AF  Form  910,  Enlisted  Performance  Report,  in  which  his   overall
evaluation was a 3 (5 being the highest rating).   Based  on  the  ANG/USAFR
Point Credit Summary  prepared  on  16  March  1991,  the  applicant's  last
documented participation with the Air Force Reserve was on  6 February  1990
and at that time he was credited  with  16  years,  1 month  and  1  day  of
satisfactory Federal service.

Based on the Army National Guard Current  Annual  Statement  prepared  on  7
July 1992, applicant enlisted in the Army  National  Guard  on  14  December
1990 and was honorably discharged effective 13 December 1991.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/RSO recommends denial.  RSO advises the applicant  initially  sought
reenlistment back in 1991 but was ineligible for enlistment.  The  applicant
has exhausted all avenues to qualify for enlistment and retirement with  the
Air Force Reserve.  The AFRC/RSO complete evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he feels he was wrongfully treated.  He believes he  should
have been given the opportunity to finish his career and retire, obtain  the
rank and back pay he could have received by being an active  member  of  the
Air Force Reserve.  Applicant's complete response 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 error or injustice.  After a careful review of the  applicant’s
submission, we found  no  evidence  to  indicate  his  disqualification  for
reenlistment in the Air Force  Reserve  was  inappropriate  or  unjust.   It
appears that the crux of his argument  is  his  allegation  that  Air  Force
Reserve recruiters made false statements about his record and  discharge  in
an effort to  prevent  his  reenlistment  in  the  Air  Force  Reserve.   He
provides no convincing evidence to support this claim.   The  actions  taken
by the Air Force  Reserve  recruiters  appear  to  have  been  within  their
discretionary  authority  and  the  applicant   was   afforded   appropriate
reenlistment consideration.  We are  in  complete  agreement  with  the  Air
Force assessment on this matter and adopt their conclusions as our  findings
in this case.  Other than his own self-supportive statements,  neither  does
the record reveal nor  has  he  provided  any  documentary  evidence,  which
successfully refutes the Air Force opinion concerning the propriety  of  the
actions taken.  Accordingly, we are not inclined to favorably  consider  the
applicant’s  request  for  reenlistment  or  to  be  promoted  to  technical
sergeant (E-6) or master sergeant (E-7) with back pay and allowances.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  2006-01103
in Executive Session on 21 September 2006, under the provisions of  AFI  36-
2603:

     Mr. Michael K. Gallogly, Chair
     Mr. Joseph D. Yount, Member
     Mr. Gregory A. Parker, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01103 was considered:

     Exhibit A.  DD Form 149, dated 4 Apr 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFRC/RSO, dated 8 Jun 06.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 061.
     Exhibit E.  Letter, Applicant, dated 31 Aug 06.





                                  MICHAEL K. GALLOGLY
                                  Panel Chair

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