RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02036
		INDEX CODE:  112.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His enlistment grade and date of rank (DOR) be corrected.

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APPLICANT CONTENDS THAT:

When he enlisted in the Maryland Air National Guard (ANG) in 1995 his enlistment grade was E-5 with a DOR of 2 May 95.  He researched the applicable directives and determined that he should have enlisted as an E-6 with a DOR of 1 Oct 88, then demoted to E-5 with a DOR of 2 May 95.  This error is preventing him from being promoted to E-7 in a timely manner.

In support of his request, applicant provided copies of his enlistment documents, his Army National Guard promotion order, and a personnel data system printout.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Documents provided by the applicant reflect that he is a prior service Army National Guardsman and that he enlisted in the Air National Guard on 2 May 95, in the grade of staff sergeant.  He has been subsequently promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Jul 00.  

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AIR FORCE EVALUATION:

ANG/DPFP reviewed applicant's request and recommends denial.  DPFP states that when he enlisted NGR 39-9, Grade Determination for Prior Service Enlistees, was the applicable regulation.  Table 2.8, Rule 2, clearly shows the maximum grade that can be held, which was E-5, because it was prior to the sixth anniversary of his Date of Service.  As for the DOR adjustment, Table 2-9, Rule 4 states that for all other service, that DOR is the date of enlistment.  The DPFP evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16 Aug 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  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.  After reviewing the available evidence of record it appears that his grade and date of rank upon enlistment into the Air National Guard were properly determined.  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.

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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 XXXXX in Executive Session on 2 Oct 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jun 02, w/atchs.
    Exhibit B.  Letter, ANG/DPFP, dated 31 Jul 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 16 Aug 02.

                                   Vice Chair