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AF | BCMR | CY2008 | BC-2007-01952
Original file (BC-2007-01952.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01952
                                        INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXXXXXXXXX        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of airman first class (A1C) (E-3) be  corrected  to  senior  airman
(SrA) (E-4) effective 13 December 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

According to the Department of the Army (DA) Form  4187,  Personnel  Action,
dated 20 November 2006, he was advanced to the grade of specialist (SPC) (E-
4) effective and with a date of rank of 13 December 2006.

In support of his request, the applicant  submits  copies  of  the  DA  Form
4187, Enlisted Record Brief, and his DD Form 214, Certificate of Release  or
Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  Military  Personnel  Database  indicates  the  applicant  is  currently
serving in the Air Force Reserve in the grade of SrA with an effective  date
and date of rank of 7 April 2007.  His  DD  Form  214  reflects  he  entered
active duty in  the  Regular  Army  on  5 January  2004  and  was  honorably
released from active duty effective  30  December  2006  for  completion  of
required active service.  His DD Form 214  reflects  his  grade  as  private
first class (PFC) (E-3) with an effective date of pay grade  as  13 December
2006.  As of 18 October 2007, he has three  years  of  satisfactory  federal
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/RSOO recommends denial of the applicant’s request.   RSOO  states  that
data collected from his DD Form 214 and Enlisted Record Brief indicates  the
applicant was discharged from the Army as  an  E-3.   A  records  purge  was
initiated and the only document found showing advancement to E-4 was the  DA
Form 4187, which states in  section  IV--“advance  to  SPC  (E-4)  effective
20061213.”  According to AFRC  Instruction  36-2001,  Recruiting  Procedures
for the Air Force Reserve, Table 4.1, Rule 13, the DD Form 214  is  a  valid
source document used to validate rank.  The DA Form 4187 is  not  recognized
as a valid source document.   Based  on  their  review,  the  applicant  was
erroneously enlisted in the Air Force Reserve  as  an  E-4  instead  of  the
stated grade of E-3 on his DD Form 214.  Therefore, they  do  not  recommend
changing  his  grade  unless  the  applicant  produces  an  official  source
document validating his promotion to the higher grade.

The RSOO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was  forwarded  to  the  applicant  on  5
October 2007, 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  Neither does the  record  reveal  nor  has
the applicant provided any evidence indicating that his pay  grade  was  E-4
at the time of his enlistment in the Air Force  Reserve  on  7  April  2007.
While Army records provided by the applicant indicate he  was  eligible  for
promotion to specialist (E-4) effective 13 December 2006; his DD  Form  214,
which is used as the source document to validate rank,  reflects  his  grade
as private first class (E-3).  If the applicant’s DD Form 214 is  incorrect,
the Board suggests the applicant apply to the Army Board for  Correction  of
Military Records to have his DD Form corrected  to  the  appropriate  grade.
Accordingly, 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 this application in  Executive
Session on 21 December 2007, under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Audrey Y. Davis, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-01952:

      Exhibit A.  DD Form 149, dtd 10 Jun 07, w/atchs.
      Exhibit B.  Letter, AFRCRS/RSSO, dtd 26 Sep 07.
      Exhibit C.  Letter, SAF/MRBR, dtd 5 Oct 07.




                             CHARLENE M. BRADLEY
                                             Panel Chair

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