RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC 2002-03805
		INDEX NUMBER: 131.00
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her date of rank (DOR) be changed to 1 Jul 00 and that she be allowed to test for promotion to technical sergeant during the 02E6 testing cycle.

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APPLICANT CONTENDS THAT:

She was honorably discharged from the Air Force on 20 Jul 01.  She joined the Air Force Reserve effective 21 Jul 01.  She was honorably discharged from the Air Force Reserve effective 7 Jan 02 and reentered active duty on 8 Jan 02.

Upon reentering active duty in Jan 02, she was given a DOR of 8 Jan 02.  When she arrived at her duty station, she sought help through her military personnel flight (MPF) to get her DOR corrected.  It was changed to 13 Dec 00, which was still incorrect.  According to the requirements contained in AFI 36-2604, paragraph 8.6, she qualified to keep the DOR she had when discharged from the Reserves.  After inquiring to her MPF as to why her DOR was set as 13 Dec 00, it was changed to 18 Dec 00 for reasons unknown.

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

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STATEMENT OF FACTS:

The applicant served on active duty in the Air Force from 11 Aug 94 to 20 Jul 01 and was separated in the grade of staff sergeant (SSgt) with a DOR of 1 Jul 00.  She subsequently served in the Air Force Reserves from 21 Jul 01 to 7 Jan 02.  She reenlisted in the Regular Air Force on 8 Jan 02 in the grade of SSgt and was given a DOR of 18 Dec 00.

Additional relevant facts pertaining to this case are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C.
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AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial of the applicant’s request to adjust her DOR.  According to AFI 36-2604, paragraph 8.2, applicant’s DOR was computed correctly.  Applicant received 100% time in grade of E-5, with adjustment by the number of days break in active duty service since her total break was less than four years, resulting in a DOR of 18 Dec 00.

The complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response to the Air Force evaluation, applicant reiterates her request to change her DOR to her original active duty date of  1 Jul 00 or in the alternative consideration for her time served in the Air Force Reserve.

She indicates that she served in the Air Force Reserves from 21 Jul 01 to 7 Jan 02 and was promoted to the grade of technical sergeant (TSgt) effective 1 Jan 02.  She states that she served a total of 16 unit-training activities and was placed on active duty to attend formal training for 11 days.

The applicant’s complete response, with attachments, is at Exhibit E.

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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, the majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence that the applicant’s date of rank to staff sergeant upon her return to active duty was computed incorrectly or contrary to the governing instruction, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2002-03805 in Executive Session on 1 April 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the applicant’s request.  Mr. Schlunz voted to grant the applicant’s request but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAO, dated 10 Feb 03,
                w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.
    Exhibit E.  Memorandum, Applicant, dated 6 Mar 03.

                                   

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
				FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXXX XXX-XX-XXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.