RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01958
		INDEX CODE:  102.02
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His entry grade be corrected to reflect E-3, rather than E-2, with a date of rank (DOR) of 30 Aug 01.

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APPLICANT CONTENDS THAT:

He was an E-4 with a DOR of 1 May 00 while in transition from the Guard to active duty.  He lost two grades and is confused as to why he would have lost rank.

In support of his request, applicant provided a copy of his Tennessee Air National Guard (ANG) separation order, his NGB Form 22, National Guard Bureau Report of Separation and Record of Service; and his DD Form 214, Certificate of Release or Discharge from Active Duty.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 29 Aug 01, the applicant was discharged from the ANG in the grade of E-4.  On 30 Aug 01, he enlisted in the Regular Air Force in the grade of E-2.  

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AIR FORCE EVALUATION:

AFPC/DPPAE reviewed applicant's request and recommends denial.  DPPAE states that AFI 36-2002 outlines the Total Active Federal Military Service (TAFMS) requirements to enlist in a grade previously held in a branch other than the Regular Air Force.  To enlist in the grade of E-2 requires 90 days TAFMS, E-3 requires 12 months, and E-4 requires 2 years TAFMS.  At the time of his enlistment, the applicant accumulated 9 months and 17 days TAFMS.  Upon his enlistment he signed and initialed an Enlistment Agreement acknowledging and understanding that he will be enlisting in the grade of E-2 with no claim to a higher grade.  His enlistment grade was determined in accordance with governing directives based on the applicant having more than 90 days and less than 12 months TAFMS.

The DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Oct 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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 that would warrant corrective action.  After reviewing the available evidence of record it appears that his grade and date of rank upon enlistment into the Air Force were properly determined.  Evidence has not been presented which would lead us to believe that the regulations in effect at the time were not appropriately applied or that he was treated differently than others in similar situations.  Accordingly, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and 

that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 02-01958 in Executive Session on 15 Jan 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 3 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.

                                   
                                   Panel Chair