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AF | BCMR | CY2007 | BC-2006-03419
Original file (BC-2006-03419.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03419
            INDEX CODE:  112.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 4/1, Enlistment/Reenlistment  Document,  be  corrected  to
show he enlisted in the Michigan  Air  National  guard  (MIANG)  as  a
technical sergeant (E6) rather than as a staff sergeant (E5), and that
his date of rank (DOR) be changed from his date of enlistment with the
MIANG to 25 April 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After serving in the Army National Guard (ARNG) in the grade of E6, he
was enlisted into a position with the MIANG  that  was  an  authorized
technical sergeant (E6) position.  He states neither  normal  protocol
nor ANG Instructions were followed during his enlistment process  with
the MIANG.  He should either have been enlisted in  the  higher  grade
(with commander’s authorization) or he should have been enlisted as  a
TSgt and then immediately administratively demoted to the  next  lower
grade.  Neither of these actions happened, he was erroneously enlisted
into an E6 position as an E5.

In support of his appeal, the applicant has provided copies of his  DD
Form 4/1, numerous Army and ARNG personnel forms, his MIANG enlistment
order, a  letter  of  support  from  his  supervisor  and  a  personal
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the US Army on 2 February 1989.  During his four
and one-half years in the Army he was progressively  promoted  to  the
grade of sergeant (E5).  He left the US Army on 1 September  1993  and
joined the ARNG on 2 September 1993.  He was progressively promoted to
the grade of E6 with a DOR of 25 April 2000.  He served for over  nine
years and left the ARNG on 23 June 2003.  He enlisted in the MIANG  on
24 June 2003 as an E5.  He is currently serving with the MIANG and has
over 17 years of total service.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1P0F recommends denial.  A1P0F cites  the  ANG’s  Subject  Matter
Expert (SME) as  the  chief  reason  for  their  recommendation.   The
attached SME input states the applicant’s enlistment  with  the  MIANG
was correct and cites Air National Guard (ANG) 36-2002, Enlistment and
Reenlistment in the ANG and as a Reserve of  the  Air  Force,  as  the
basis for their recommendation.  ANGI  36-2002  states  members  being
accessed less than six years from their Date of Separation (DOS)  from
any military branch of service other than an Air Force  component  are
to be accessed at the maximum grade of E5.  Addressing his request  to
change his DOR the SME states members being accessed from a  component
other than an Air Force component shall have a DOR equal to  the  Date
of Enlistment (DOE) unless the member has a convertible skill.  As the
applicant did not have a convertible skill, he was  properly  accessed
with a DOR of 24 June 2003, his date of enlistment into the MIANG.

A1POF’s’s complete evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends another ANG accession from the  US  Army  that  was
enlisted under the same conditions as he was  but  had  less  time  in
grade, less  time  in  service,  and  fewer  Non-Commissioned  Officer
training courses, yet  he  was  enlisted  under  the  same  Air  Force
Specialty (AFS) at the grade of E6.  He questions whether or  not  the
regulation cited by the ANG would  apply  equally  to  all  accessions
across the board.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

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
National  Guard  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.   ANGI  36-2002,  Table  1.8
cited by the ANG is clear and unambiguous.  The applicant  simply  did
not qualify to be enlisted in the  higher  grade.   In  fact,  he  was
enlisted in the highest grade allowable by the Instruction as  an  E5.
Therefore, 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  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-
2006-03419 in Executive Session on 1 March 2007, under the  provisions
of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Oct 06, w/atchs.
    Exhibit B.  Letter, NGB/A1P0F, dated 23 Jan 07, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 26 Jan 07.
    Exhibit D.  Letter, APPLICANT, dated 23 Feb 07.




                                   LAURENCE M. GRONER
                                   Panel Chair

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