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AF | BCMR | CY2010 | BC-2009-03807
Original file (BC-2009-03807.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03087
            INDEX CODE:  129.01
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His pay grade/rank be changed from E-2 (airman) to E-4 (senior airman).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed by his recruiter that he was eligible to enlist  as  an  E-4
in the Reserve because of his prior service and his Bachelor’s  degree.   He
noticed on his DD Form 4, Enlistment/Reenlistment Document Armed  Forces  of
the United States, that his pay grade was incorrect; however, he  signed  it
anyway to avoid any delays in his enlistment.  Also, he was  told  he  could
correct the issue by completing the process and he would later be given  the
appropriate pay grade/rank and receive back pay for time served since 2  Dec
09.

In support of the application, the applicant submits copies of his  Bachelor
of Science in Business  Administration  degree,  his  transcripts,  DD  Form
1996, Record of Military Processing – Armed Forces  of  the  United  States,
and his DD Form 4.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 Jan  98.   On  22  Apr
98,  he  was  discharged  in  the  grade  of  airman  basic  (E-1)  with  an
“uncharacterized” character of  service  for  entry  level  performance  and
conduct.  He served three months and nine days on active duty.

On 13 Sep 08, the applicant enlisted in the Air Force Reserves in the  grade
of airman basic (E-1).  He has been progressively promoted to the  grade  of
airman first class (E-3), effective and with a date of rank of 1 Oct 09.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/A1K recommends denial and concurs with the  evaluation  prepared  by
AFRC/RSOO.   AFRC/RSOO  notes  that  AFRCI   36-2001,   Reserve   Recruiting
Procedures, Chap 6, Para 6.1, states if an applicant has completed “84  days
or more of active duty  in  a  regular  or  reserve  component,”  member  is
considered prior service.

Prior service pay grade determination is based on AFRCI 36-2001, Chapter  6,
Table 6.2, rule 2…when applicant last served in  enlisted  status  with  any
U.S. Armed Forces, grade awarded will be “permanent enlisted grade  held  at
time of latest discharge.”

The complete A1K evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16  Oct
09, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (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  Force  office  of  primary
responsibility and adopt its rationale as the basis for our  conclusion  the
applicant has not been the victim of an error or injustice.   Therefore,  in
the absence of evidence to the contrary, we  found  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  BC-2009-03087  in  Executive
Session on 6 May 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/A1K, dated 24 Sep 09, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Oct 09.




                                   Panel Chair

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