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AF | BCMR | CY2006 | BC-2006-02586
Original file (BC-2006-02586.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02586
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 February 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect the  rank  of  staff  sergeant
(SSgt) versus airman first class (A1C).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a SSgt when he was discharged.

In support of the appeal, applicant submits a personal statement and a
copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  16  Nov  73.   He  was
progressively promoted to the grade  of  A1C  on  16  Nov  74.   While
serving in the grade of A1C, he was released from active  duty  on  11
Jul 75.  He served 1 year, 7 months and 26 days on  active  duty.   He
transferred to the Air National Guard on 12 Jul 75.  He  was  promoted
to sergeant (Sgt) on 1 Feb 76 and SSgt on  1  Dec  77.   He  was  then
reduced  to  the  grade  of  airman  before   being   discharged   for
unsuitability-inaptitude on 12 Jan 79.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states that the  applicant  did
not hold the rank of SSgt while serving in the regular Air Force; only
as a member of the Air National Guard (ANG).   Furthermore,  he  would
not have had sufficient time in grade (TIG) or time in  service  (TIS)
to have been promoted to the grades of Sgt(E-4)  or  SSgt  (E-5).   He
only served 1 year, 7 months and 26 days on active duty.   They  note,
to be eligible for promotion to the  grade  of  Sgt  at  the  time  in
question, airmen must have a 3-skill level, 8 months TIG, and one year
TIS.  To be eligible for promotion consideration to the grade of  SSgt
at the time in question, airmen must have a 5-skill level,  12  months
TIG as a Sgt, and three years TIS.  However, based on the  applicant’s
date of rank (DOR) to A1C (16 Nov 74),  he  would  not  have  had  the
sufficient TIG for promotion to SSgt until 16 Jul 75, five days  after
his discharge.

A complete copy of the 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
28 Sep 06 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of 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 AFBCMR Docket Number BC-
2006-02586 in  Executive  Session  on  16  November  2006,  under  the
provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. James A. Wolffe, Member
            Mr. James L. Sommer, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Aug 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 18 Sep 06.
      Exhibit D. Letter, SAF/MRBR, dated 28 Sep 06.




                             THOMAS S. MARKIEWICZ
                             Chair

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