RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02964

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to SSgt (E-5) be corrected from 6 Feb 01 to 1 Jan 96, his DOR when he served in the U.S. Army.

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APPLICANT CONTENDS THAT:

He was informed that when he left the Army and joined the Air Force that his date of rank should have been the same.  When he joined the Air Force, he was informed that everything would be accepted by the Air Force.  When he got to Nellis AFB, he was informed that his date of rank was 6 Feb 01.  Military leadership does not change from one branch to another, that’s how we can have leaders from another branch of the military.  The Air Force took his Army Primary Leadership Development Course, and did not make him attend the Air Force Airman Leadership School.

In support of his appeal, the applicant submitted copies of his DD Form 214, Processing Orders, personal data sheet, publication change to AFI 36-2604, a personal statement, and letters from his rating chain.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of staff sergeant.  Applicant was enlisted in the U.S. Army from    7 Sep 89 to 10 Jan 97 and was promotion to E-5 on 1 Jan 96.  On 11 Jan 97, the applicant entered the Army Reserve and was discharged from the Army Reserve on 5 Feb 01.  Applicant subsequently enlisted in the Air Force on 6 Feb 01 and a date of rank was established as 6 Feb 01.  

Upon entry to active duty, date of rank computation was completed in accordance with AFI 36-2604, Service Dates and Dates of Rank, para 8.4 and 8.5.  Applicant’s adjusted date of separation was over 4 years; therefore, no date of rank adjustment was authorized and date of rank was established as the entry onto active duty of 6 Feb 01.

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AIR FORCE EVALUATION:

AFPC/DPPAO recommended denial and stated that, based on the governing directives, the applicant’s date of rank was computed correctly.  

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 6 Dec 02 for review and comment.  As of this date, no response has been received by this office.

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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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After thoroughly reviewing the evidence of record, the Board majority believes that it is not unreasonable to believe that the applicant was not provided proper counsel regarding his Date of Rank (DOR) for staff sergeant upon entering active duty into the Air Force from the Army Reserve.  In this respect, the majority of the Board notes the regulation in effect at the time of the applicant's enlistment was not explicit in computation of DOR involving reservists performing extended active duty and does not embrace the Air Force concept of total force.  We note the applicant's prior active duty and reserve service, which in the majority of the Board's opinion may have caused some confusion as to the applicant's date of rank.  It is clear that the applicant provided the same degree of service while on extended active duty that a member in the regular Army would have provided and that the only thing that distinguishes him in regard to computation of DOR is the fact that he was in the reserves at the time of service.  The Board majority recommends approval of the applicant’s request for adjustment to his DOR to the grade of staff sergeant.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 6 February 2001, he enlisted in the Regular Air Force as a staff sergeant, with a date of rank (DOR) of 1 January 1996. 

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The following members of the Board considered Docket Number BC-2002-02964 in Executive Session on 29 January 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

By a majority vote, the Board voted to correct the records as recommended.  Mr. Roj voted to deny the application and submitted a Minority Report.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Sep 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPAO, undated.
	Exhibit D.	Letter, SAF/MRBR, dated 6 Dec 02.
	Exhibit E.	Minority Report, dated 21 Feb 03

	

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                               CORRECTION OF MILITARY RECORDS (AFBCMR)
 
FROM:  SAF/MR
 
SUBJECT:  APPLICANT
 
	I have carefully considered all the circumstances of this and agree with the minority member of the AFBCMR panel that the applicant’s request to have his date of rank (DOR) to the grade of staff sergeant adjusted to 1 January 1996 should be denied.
 
	In his application to the Board, the applicant contends that he was informed when he left the Army and joined the Air Force that his DOR would be the same.  Other than his own personal statement, he provided no corroborative evidence to support his allegation.
 
The majority of the Board believes that it is not unreasonable to believe that the applicant was not provided counseling.  The majority noted that the regulation in effect was not explicit in computing DOR involving reservists performing active duty; and, that in view of applicant’s prior active duty and Reserve service, could have caused some confusion in regards to his DOR.
 
	Applicable enlistment policy in effect at the time when applicant enlisted in the Regular Air Force provided for adjustment of an individual’s DOR provided the separation from active duty was within four years.  Since the applicant separated from the Regular Army in 1997, he was not entitled to an adjusted DOR.  Applicant states that he was informed that his DOR would change, but he initialed his enlistment agreement clearly indicating that he was not entitled to an adjustment of his DOR.
 
	In view of the foregoing, to grant the applicant's request would be grossly unfair to the numerous individuals who have returned to active duty under similar circumstances.  Accordingly, it is my decision that the application be denied.