RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03654
		INDEX CODE:  102.07

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His date of rank (DOR) be adjusted according to Air Force policy.

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APPLICANT CONTENDS THAT:

His prior service should count towards establishment of a new DOR.  He was in the Regular Air Force from 1983 to 1989 and attained the rank of Staff Sergeant (SSgt/E-5) with a DOR of Sep 88.  He was in the Air Force Reserve (AFRES) from Sep 88 to Jul 97 and attained the following grades with DOR’s indicated: Technical Sergeant (TSgt/E-6) with DOR of Jan 92; Master Sergeant (MSgt/E-7) with DOR of 1 Jul 95.

In support of his appeal, applicant submits a copy of his DD Form 214, copies of promotion orders to TSgt and MSgt, a copy of Air Force Reserve DOR computation policy, and an email trail between applicant’s unit and HQ ANG. 

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the ANG on 1 March 2002 with approximately 15 years prior active and reserve service.  He was enlisted in the ANG as a SSgt/E-5 with a DOR of 1 March 2002.  

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AIR FORCE EVALUATION:

ANG/DPFP recommends denial.  DPFP defers to Air National Guard Instruction (ANGI) 36-2002.  Specifically, table 1.9, rule 2, which requires that enlistees in the ANG, with a break in service of over two years, establish their DOR as their date of enlistment in the ANG.  The applicant had a 4 year, 11 month break in service.  

ANG/DPFP’s 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 28 February 2003 for review and comment within 30 days.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard (ANG) office of primary responsibility that ANG Instructions are clear on the establishment of DOR and subsequent requests for adjustments to such.  The applicant had in excess of a two-year break in service from the Air Force before enlisting into the ANG establishing his DOR to be the date of his enlistment into the ANG.  Therefore, 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(s) 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 AFBCMR Docket Number BC-2002-03654 in Executive Session on 20 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Nov 02, w/atchs. 
    Exhibit B.  Letter, HQ ANG/DPFP, dated 23 Jan 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 2003.