RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00604
		INDEX NUMBER:  131.05
	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) as a staff sergeant (SSgt) (E-5) in the Air Force be established as 1 Apr 96, the date he was promoted to E-5 during his previous service in the Marine Corps.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He joined the Air Force on 21 Aug 01 and was given a direct duty assignment as a 3-skill level based on his ten years of experience and his Federal Aviation Airframe and Powerplant license.  He was granted an exception to policy by HQ AFPC to be allowed to test for technical sergeant (TSgt) (E-6).  He tested on 12 Nov 02 out of cycle.  After testing, he found out that his DOR had been changed to 25 Mar 01, rendering him ineligible for testing and resulting in the test he completed not being graded.

When he inquired at the military personnel flight as to why his DOR had changed, he was referred to AFI 36-2604.  The AFI states that if members were out less than four years they would get half of their time-in-grade (TIG).  An individual at his local MPF contacted HQ AFPC to get a determination as to whether his DOR should be adjusted.  He was advised by, in his opinion, an unprofessional e-mail that he was only entitled to 25% credit because he was off active duty for more than 2 years.  Since he had enlisted in the Air Force prior to the date of the new AFI, he inquired as to whether he would fall under the old AFI.  He was advised again by an e-mail that he considered unprofessional that no one is grandfathered.  After he read the new AFI (18 Dec 01), he did not notice any difference in the paragraph that applied to him.  When he spoke to an individual at his MPF, he was advised that the new AFI did not apply to him.

The applicant provides an overview of his accomplishments since entering the Air Force.  He asks the Board to find an answer regarding his DOR and correct his records if needed.

In support of his appeal, applicant provides copies of his previous service documents, copies of the e-mails from AFPC addressing his DOR, and a copy of his approved exception to policy to test for promotion out of cycle.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the U.S. Marine Corps on    15 Nov 91 and was released from active duty on 14 Nov 97 in the grade of E-5 after completion of required service.  The applicant enlisted in the South Carolina Army National Guard on 29 Oct 99 in the grade of E-5 and was honorably separated on 28 Oct 00.  He enlisted in the Air Force on 21 Aug 01 in the grade of E-5.  The Personnel data system reflects his Total Active Federal Military Service Date (TAFMSD) as 21 Aug 95 with a DOR in the grade of E-5 of 25 Mar 01.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAOR recommends that the applicant’s request to adjust his DOR be denied.  Based on AFI 36-2604, dated 1 Jul 99, paragraph 8.4, the applicant’s DOR of 25 Mar 01 is correct.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 May 03 for review and response within 30 days.  To date, a response has not been received.

_________________________________________________________________

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.  Although the applicant was granted an exception to policy promotion eligibility waiver, unfortunately it was based on the incorrect date of rank reflected in the Military Personnel Data System at the time, the date he was promoted while serving in the Marine Corps.  The date of rank of 25 March 2001, which rendered him ineligible, is in fact correct based on applicable Air Force policy.  We note the applicant’s achievements since returning to the Air Force, his exceptional qualifications, and his desire to advance in his career as quickly as possible.  However, to change his date of rank to the earlier date would ignore established Air Force policy, which insures fair and equitable treatment of all others similarly situated.  Therefore, we do not find a compelling basis to recommend granting the relief requested.

_______________________________________________________________

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.

_______________________________________________________________

The following members of the Board considered Docket Number BC-2003-00604 in Executive Session on 16 July 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Dec 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAOR, dated 22 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 30 May 03.

                                   
                                   Panel Chair