RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00027
COUNSEL: NONE INDICATED
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His date of rank (DOR), as an airman first class (E-3), be corrected to reflect 21 Jun 13 instead of 20 Nov 13.
By amendment at Exhibit G, applicant requests his DOR as an airman first class (E-3), be corrected to reflect 22 Jun 13 rather than 20 Nov 13.
APPLICANT CONTENDS THAT:
He was eligible to enlist in the grade of E-3 under the Critical Skills Promotion (CSP) program. In accordance with the criteria of the Air National Guards CSP incentive program, his DOR should coincide with the effective date of his graduation from high school.
In support of his request, the applicant submitted a copy of high school diploma, dated June 2013.
The applicants complete submission, with an attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Air National Guard (ANG) in the grade of airman basic (E-1), effective 18 Jan 13.
According to the applicants addendum to the DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, he enlisted into a non-prior service (NPS) program with an Air Force Specialty Code (AFSC) 2T2X1, Air Transportation Specialty.
In accordance with Air National Guard Instruction (AFGI) 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, if an applicant enlists into an AFSC listed CSP eligible in the Fiscal Year Recruiting & Retention Initiatives for the fiscal year in which the applicant enlists, the enlistment grade authorized is E-3.
On 10 Jul 13, the applicant entered a period of active duty for Basic Military Training (BMT) with the Primary Specialty of 2T2X1, Air Transportation Apprentice Course.
In accordance with Fiscal Year 2013 (FY13) Recruiting and Retention (R&R) Initiatives, AFSC 2T2X1 was not designated as an eligible AFSC listed under consideration for the FY13 eligible non-prior service critical skills promotion program.
On 20 Nov 13, the applicant was promoted to the grade of E-3.
On 26 Nov 13, the applicant was released from active duty and reverted to his traditional (part-time) status as a member of the ANG, upon completion of his initial active duty training.
On 4 Dec 14, the AFBCMR panel members deferred deliberations of the applicants request pending verification of his AFSC 2T2X1 identified on the critical skills AFSC list for the FY13, R&R Initiatives. NGB/A1PP indicated that upon further review of the FY13 R&R Initiatives, AFSC 2T2X1 was not listed.
Despite multiple attempts to contact the applicant regarding additional information with regard to his debt, we have been unsuccessful in obtaining documentation showing any debt associated with his DOR change from 22 Jun 13 to 20 Nov 13.
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force office of primary responsibility (OPR) which are included at Exhibits C and E.
AIR FORCE EVALUATION:
NGB/A1PP recommends approval. The applicant enlisted in an AFSC listed in the CSP program, enabling him to be eligible for promotion to the grade of E-3 in accordance with ANGI 36-2002. In addition, the fiscal year (FY) 2013, Recruiting & Retention (R&R) Initiative memorandum by the National Guard Bureau verifies the applicant is authorized the grade of E-3 with a DOR, effective 21 Jun 13.
A complete copy of the NGB/A1PP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 15 Sep 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
ADDITIONAL AIR FORCE EVALUATION:
NGB/A1PP recommends denial. The applicant enlisted in the grade of E-1 as a 2T2X1 on 18 Jan 13. Upon further review of FY13 R&R Initiatives, the AFSC 2T2X1 was not listed on the FY13 R&R Critical Skills Promotion List, as originally indicated. As such, he was never eligible for promotion to the grade of E-3, effective 21 Jun 13, as requested. Furthermore, the applicant was erroneously promoted to the grade of E-3, effective 20 Nov 13. In this case, the applicant was not eligible for promotion to E-3 until 10 Jul 14. In accordance with ANGI 36-2502, Promotion of Airmen, members must meet all promotion eligibility criteria prior to promotion. However, due to no fault of the applicant he was promoted to the grade of E-3 sooner than his date of eligibility. An error in the members promotion was caused by the improper calculation by the Force Support Squadron. Nevertheless, the applicants date of rank and promotion effective date should remain as 20 Nov 13.
A complete copy of the NGB/A1PP additional evaluation is at Exhibit E.
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
He argues a change to the FY13, R&R Initiatives added his AFSC 2T2X1 to the critical skills AFSC list, effective 1 Oct 12, as verified through his Force Support Squadron (FSS). In addition, the Virtual Military Personnel Flight (vMPF) system shows his promotion to E-3, effective 22 Jun 13, the date following his graduation from high school. However, when his initial DOR was changed from 22 Jun 13 to 22 Nov 13 he incurred a debt which was collected by the Defense Finance and Accounting Service (DFAS).
A complete copy of the applicants response, with attachments, is at Exhibit G.
THE BOARD DETERMINED 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 an error or injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. In response to the advisory opinion, the applicant indicated that the Virtual Military Personnel Flight (vMPF) system shows his promotion to E-3, effective 22 Jun 13. We have verified this information in the Military Personnel Data System and it appears that his DOR has been changed to reflect 22 Jun 13. Therefore, Board action on this portion of his request is not required. With regard to the applicants contention of a debt he incurred due to the change in his DOR, the applicant has not provided any evidence to substantiate this assertion. Therefore, in the absence of evidence to the contrary, we find no basis to recommend relief.
The following members of the Board considered AFBCMR Docket Number BC-2014-00027 in Executive Session on 4 Dec 14 and 13 Jan 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00027 was considered:
Exhibit A. DD Form 149, dated 7 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PP, dated 13 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 15 Sep 14.
Exhibit E. Letter, NGB/A1PP, dated 4 Dec 14.
Exhibit F. Letter, SAF/MRBR, dated 4 Dec 14.
Exhibit G. Letter, Applicants Rebuttal, undated, w/atchs.
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