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AF | BCMR | CY2010 | BC-2010-01054
Original file (BC-2010-01054.txt) Auto-classification: Denied
 

 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 applicant’s 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 applicant’s 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 applicant’s 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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