RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00205
		INDEX CODE:  112.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His grade, at the time of his current enlistment, be changed from Senior Airman (SrA/E-4) to Staff Sergeant (SSgt/E-5), effective 15 February 2002.

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APPLICANT CONTENDS THAT:

The applicant presents no contentions.  In support of his appeal, he submits a copy of a waiver request to adjust his grade and other documents from his records.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Michigan Air National Guard (MI ANG) on 27 September 1991.  He served 6 years, 3 months and 15 days, and reached the grade of SSgt with a date of rank of 1 January 1997.  He enlisted in the Regular Air Force on 12 January 1998 in the grade of SrA.  The applicant did not successfully complete technical training school and was separated from active duty on 26 February 1998 after serving 1 month and 15 days in the grade of SrA.  The applicant experienced a break in service of 3 years, 11 months and 18 days until he reenlisted in the MI ANG on 15 February 2002 in the grade of SrA.  

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI defers to ANG Instruction (ANGI) 36-2002 that states explicitly that if an applicant (to the ANG) enlists prior to the second anniversary of their date of separation and last served in an Air Force component, they may enlist at the highest enlisted grade held at separation.  DPPI notes that the applicant reenlisted after the second anniversary of his separation from the MI ANG.  

ANG/DPPI’s complete evaluation, with an applicable excerpt from ANGI 36-2002, 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 4 April 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 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.  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 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.  We find that Air National Guard Instruction 36-2002 to be explicit regarding enlistment and reelistment procedures and the applicant appears to have been treated fairly and within the purview of the Instruction.  Therefore, 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 AFBCMR Docket Number BC-2003-00205 in Executive Session on 8 July 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Dec 02, w/atchs. 
    Exhibit B.  Letter, ANG/DPPI, dated 13 Mar 03, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 03.