RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01054
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Date of Rank (DOR) and effective date for promotion to the
grade of staff sergeant (SSgt/E-5) be changed to 18 Dec 98
rather than 1 Jan 02.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was transferred directly from the United States Army Reserve
(USAR) to the New York Air National Guard (NYANG) on 24 Oct 05
as an E-5. His DOR was recorded as 1 Jan 02; however, he should
have been credited for his USAR DOR of 18 Dec 98, since he did
not have a break in service. His DOR on his enlistment document
was recorded as it should have been. In accordance with (IAW)
ANG Instruction (ANGI) 36-2002, his DOR to E-5 should be
adjusted to 18 Dec 98.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 21 May 00 release from
active duty; a Records Review Report of Individual Personnel
(RIP); USAR discharge orders, SO 05-325-00011, dated
21 Nov 05; ANG/ Air Force Reserve Point History Service
History, and enlistment documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available evidence, the applicant was a member of
the USAR and was discharged from the USAR on 23 Oct 05. He
enlisted in the NYANG on 24 Oct 05 for a period of six years.
The applicant has completed 15 years of satisfactory Federal
Service.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1PS recommends denial. IAW ANGI 36-2002, Enlistments and
Reenlistments in the ANG and Reserve of the Air Force, Table
1.8., Date of Rank Adjustment, Rule 4, does state that member of
all other services DOR will be The same DOR as held adjusted
to deduct breaks in regular or reserve service. However, the
applicant did not come in at the rank as he left the USAR, so
the DOR is calculated based on prior service as an E-5 only.
The applicant does not provide any documentation as to when he
was promoted to technical sergeant (TSgt/E-6), so an exact
determination of how long he served as an E-5 cannot be
determined. Regardless, when he enlisted in the ANG, on
24 Oct 05, he was given 3 years and 9 months credit as an E-5
since his DOR was adjusted to 1 Jan 02 at the time of
enlistment. It is assumed that is the amount of time that he
served as an E-5; however, he does not receive credit as an E-5
for the time he was an E-6. Since his promotion to E-6 which he
was given credit for prior service as an E-6 as well, they see
no error in his records.
The complete NGP/A1PS evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 3 Sep 10 for review and comment within 30 days. As
of this date, no response has been received by this office
(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. The NGB office
of primary responsibility has addressed the issue presented by
the applicant and we are in agreement with its opinion and
recommendation. Based upon the available evidence of record,
the applicants DOR was adjusted based on the policies in effect
at the time of his enlistment into the ANG and without evidence
to the contrary, we must assume that his Date of Rank was proper
and in compliance with appropriate directives. Therefore, based
on the available evidence of record, we find no basis upon which
to favorably consider this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-01054 in Executive Session on 2 November 2010,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 30 Aug 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 3 Sep 10.
Panel Chair
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