RECORD OF PROCEEDINGS                   
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-00997
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to Senior Airman (SRA/E-4) be changed to 1 July 1999 in accordance with Air Force Instruction (AFI) 36-2502.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He had reached the point in technical training school where he was required to have a top-secret clearance.  His clearance action had not been completed at that time and he was forced to return to his unit and wait until his clearance was completed.  Through no fault of his own, he was not able to continue training until over two years had passed.

In support of his appeal, applicant has submitted a personal statement, letters of support from his supervisors, and other supporting documentation.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the --- Air National Guard (-- ANG) on 19 August 1997.  He began initial active duty training (IADT) on 31 December 1997.  He completed basic military training and 10 weeks of basic electronic training.  He was returned to his unit prior to completing his training because his security clearance had not been completed.  He was released from active duty on    17 September 1998 pending receipt of a top-secret clearance.  The clearance was obtained on 28 January 2000.  He returned to training on 7 September 2000, completed the training on 24 January 2001 and was promoted to SrA on 10 February 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI reviewed this application and notes that the time between the applicant’s enlistment and completion of his IADT did seem excessive and due primarily to the applicant’s security clearance issue.  DPPI notes the applicant’s assertion that he had to file a complaint with the Secretary of the Air Force Inspector General (SAF/IG) and that his clearance was granted within a couple of months after filing the complaint.  DPPI was not able to find any conclusive information to verify the applicant’s assertion.  Further, DPPI notes that the applicant refers to AFI 36-2502, Airmen Promotion, to validate his request for DOR change.  However, DPPI states that AFI 36-2502 pertains only to active duty airmen.  The correct reference for ANG enlisted members is ANG Instruction (ANGI) 36-2502, Promotion of Airmen.  At the time the applicant claims eligibility for promotion to SRA, ANGI 36-2502 dated 29 October 1993, required that airmen have 6 months time in service, 6 months time in grade and be fully qualified at the 3-level.  The applicant met these requirements on 24 January 2001 and was duly promoted to SRA on 10 February 2001.

A revised ANGI 36-2502 was published on 25 August 2002 that allowed commanders to promote airmen to SRA who were assigned to a specialty that required lengthy formal training (excess of 139 days), without a 3-skill level.  Accordingly, the applicant was eligible for promotion to SRA on 25 August 2000 and consequently was eligible for promotion to Staff Sergeant (SSgt/E-5) on      25 August 2002.  

Based on the information presented, DPPI recommends the applicant's DOR to SrA be changed to 25 August 2000, the earliest possible time under the 25 August 2000 instruction, that his DOR to SSgt be adjusted to reflect 25 August 2002 and that he be entitled to all back pay and allowances.

DPPI’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 May 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence of record, we find that the applicant was denied the opportunity to progress in training and therefore compete for promotion, through no fault of his own, but through negligence in the handling of the background investigation conducted to grant his clearance.  We took note of ANG/DPPI’s recommendation to provide relief to the applicant on dates provided by regulation.  However, we are of the opinion that the injustice done to the applicant was of such magnitude so as to grant the relief requested by the applicant.  In view of the above and in an effort to remove any possibility of an injustice, we recommend that his date of rank to Senior Airman and his date of rank to Staff Sergeant be adjusted by correction to his records to the extent indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: 

	a. He was promoted to the reserve grade of senior airman, with a Date of Rank (DOR) and a Promotion Effective Date (PED) of 1 July 1999.

	b. He was promoted to the reserve grade of Staff Sergeant, with a DOR and PED of 1 July 2001.
______________________________________________________________

The following members of the Board considered this application in Executive Session on 1 July 2003, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Aug 02, w/atchs. 
    Exhibit B.  Letter, ANG/DPPI, dated 9 May 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 23 May 03.

                                   

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2002-00997

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a. He was promoted to the reserve grade of senior airman, with a Date of Rank (DOR) and a Promotion Effective Date (PED) of 1 July 1999.

	b. He was promoted to the reserve grade of staff sergeant, with a DOR and PED of 1 July 2001.