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AF | BCMR | CY2013 | BC 2012 05318
Original file (BC 2012 05318.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05318
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

His grade at the time of entry on active duty should have been 
advanced based on his status as an Eagle Scout.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was never told that since he was an Eagle Scout, he would get 
a stripe upon entry onto active duty.  He found this out after 
coming on active duty and requested it be changed.  

He was never told about this program from day one and throughout 
his career, there was never any mention that he could have this 
fixed.  Now that he has been given the full information, he 
wishes this injustice to be corrected.  

In support of his appeal, the applicant provides a copy of his 
Certified Eagle Scout Award Application, dated 26 Jul 91.  

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

________________________________________________________________

STATEMENT OF FACTS:

On 24 Jul 92, the applicant enlisted in the Regular Air Force 
for a period of four years.  The applicant has been 
progressively promoted to the grade of master sergeant, with an 
effective date and Date of Rank (DOR) of 1 Jul 08.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIPE recommends denial.  DPSIPE states that the 
applicant’s request for advanced promotion to airman (A1C/E-2), 
based on qualifying for the Eagle Scout Award was not an option 
for advanced promotion at the time of the member's initial 
enlistment on 24 Jul 92.  There was no evidence of an error or 
justification that warrants a change to member's entry pay 
grade.

The applicant did enlist into the Air Force on 24 Jul 92 for a 
four year term of enlistment and he did receive the Eagle Scout 
Award prior to entering active duty.  However, the provision to 
offer advanced promotion to individuals awarded Eagle Scout was 
not added to AFI 36-2002, until May 1997, five years after the 
member entered active duty.  AFR 33-3, Enlistment in the United 
States Air Force, dated 17 Aug 89 (C 1) and 16 Jul 91 (C2) Table 
2-2, Grade Determination for NPS Enlistees, did not list Eagle 
Scout Award as an option for advanced promotion.

The complete AFPC/DPSIPE 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 21 Dec 12 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.  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.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in 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-2012-05318 in Executive Session on 27 Aug 2013, under 
the provisions of AFI 36-2603:

Although chaired the panel, in view of his 
unavailability, has signed as Acting Panel Chair. The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Nov 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIPE, dated 18 Dec 12, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Dec 12.




                                   Acting Panel Chair




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