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AF | BCMR | CY2008 | BC-2007-02491
Original file (BC-2007-02491.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02491
                                             INDEX CODE:  129.02, 133.03
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His pay grade be shown as E-4, rather than E-3, so that he may  reenlist  in
the Air National Guard (ANG).

________________________________________________________________

APPLICANT CONTENDS THAT:

After serving 6 years, 8 months, and 26 days, he was passed  over  in  rank,
and although illness may  have  played  a  part,  he  was  still  a  member.
Although he is not saying the ANG owes him a second chance, his  injury  was
caused by the military and he would still be in the Guard if  not  for  this
injury.  Now that the problem has been corrected, perhaps the military  will
let him reenlist, and his pay grade must be E-4 or better to do so.

In support of his appeal, he has provided copies  of  a  personal  statement
pertaining  to  the  medical  condition  that  caused  his  separation,  his
National Guard Bureau (NGB) Form 22, Report  of  Separation  and  Record  of
Service, effective 21 November 1998, a  letter  from  the  Surgical  Clinic,
PLLC, concerning a revascularization on the left lower extremity in  October
2006, and a DD Form 293, Application for the review of  Discharge  from  the
Armed Forces of the United States, dated 18 July 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Michigan ANG (MIANG) on 26 February 1992,  and
was separated in the grade of airman first class (A1C - E-3) on 21  November
1998 due to medical disqualification.  He completed 6 years,  8 months,  and
26 days of total service for pay, and 6 years of satisfactory
service for Reserve Retired Pay eligibility at age 60.

________________________________________________________________


AIR FORCE EVALUATION:

NGB/A1PS recommends denial  of  relief.   On  1  November  2007,  the  MIANG
advised that  the  applicant  was  promoted  to  the  grade  of  SRA/E-4  on
10 October 1997.  However, a request was made  by  his  unit  on  14 October
1997 to pull the request for promotion due to the fact  that  he  was  being
processed for unsatisfactory participation.  The  order  promoting  him  was
then revoked “in part” to remove  him  from  the  promotion  order.   On  12
December 2007, NGB/A1POFM concurred with  the  recommendation  to  deny  the
requested relief.

The NGB/A1PS evaluation, with attachments, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  21
December 2007, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

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  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.   Evidence
has been presented that his unit requested he be removed  from  the  October
1997 SRA/E-4 promotion order due to  unsatisfactory  participation,  and  he
was subsequently separated in the  pay  grade  of  E-3.  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  Docket  Number  BC-2007-02491
in Executive Session on 12 February 2008, under the provisions  of  AFI  36-
2603:

                       Ms. Charlene M. Bradley, 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 30 Jul 07, w/atchs.
    Exhibit B.  Letter, NGB/A1PS, dated 17 Dec 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Dec 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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