RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-00703
		INDEX CODE 131.05
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His grade at the time of his enlistment (staff sergeant (SSgt)) be changed to technical sergeant (TSgt).

Or, in the alternative, his date of rank (DOR) to SSgt be changed from 21 Oct 02 to 1 Jul 96 and he be allowed to test for TSgt during cycle 03E6.

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APPLICANT CONTENDS THAT:

In the last week of Aug 01 when he was in the Air Force Reserves, he was informed that his career field was insufficiently manned and the Air Force needed prior service experience to fill in the gaps. He contacted his local recruiter and the immediate supervisor to return to active duty. During most of the 13 months Air Force Recruiting took to process his application, he was informed he would be able to retain his current rank of TSgt when he returned to active duty. A few months prior to his enlistment on 21 Oct 02, he was informed he would have to return as a SSgt because he was a few months short of the minimum 10 years of Total Active Federal Military Service (TAFMS). Additionally, all of his prior time in grade (TIG) for SSgt and TSgt was wiped out.  As a result, he volunteered in good faith for an assignment for Operation Enduring Freedom to make up the few months he lacked. He told his recruiter he was deploying overseas to make up the time he needed to keep his current grade of TSgt. Despite promises to the contrary, the --- recruiting squadron and recruiting group incompetently handled his case by delaying his application process and canceling his job reservation. He was then pressured to enlist “now or never” as a SSgt, not realizing his DOR to SSgt would be that enlistment date. He worked long and hard to achieve TSgt, but now his record for the last seven years has been wiped clean over a few months of TAFMS. Plus, his SSgt DOR hampers his career progression by preventing him from testing for two cycles. He asks that he be granted one of his requested forms of relief.

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

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STATEMENT OF FACTS:

The applicant enlisted the Regular Air Force on 26 Dec 85. On 31 Jan 95, under the provisions of the Special Separation Benefit early release program, he was honorably released from active duty in the grade of senior airman (SRA) with nine years, one month and five days of TAFMS. 

The applicant enlisted in the Air Force Reserves and was subsequently promoted to SSgt on 1 Jul 96 and TSgt on 1 Jul 01. On 21 Nov 01, he applied for a conditional release from the Reserves for the purpose of transferring to the Regular Air Force. His request was approved on 13 Dec 01.

On 21 Oct 02, the applicant enlisted in the Regular Air Force for a period of four years and entered active duty in the grade of SSgt with a DOR of 21 Oct 02. 

AFI 36-2002 is the governing directive for determining enlistment grades. It outlines the minimum TAFMS required to enlist in a grade previously held in a branch other than the Regular Air Force. To enlist in the grade of TSgt, a member must have 10 years of TAFMS; SSgt requires five years and six months.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAEQ notes that at the time of his 21 Oct 02 enlistment, the applicant had accumulated 9 years, 6 months and 17 days of TAFMS. He initialed and signed an AF Form 3006, Enlistment Agreement-Prior Service, stating he was enlisting in the grade of SSgt, that he had no claim to a higher grade, that entitlement to further promotions would be in accordance with regulations in effect at the time, and that provisions do not exist to accelerate promotion due to prior service or the number of years for which he was enlisting, and that his DOR is the date of his enlistment in the Regular Air Force. Since the applicant did not have more than 10 years of TAFMS, he enlisted as a SSgt. His request should be denied. If the Board wishes to grant relief, recommend the 5 months and 13 days of TAFMS required for TSgt be waived and the applicant be enlisted as a TSgt with a DOR of 21 Oct 02, the date of his enlistment in the Regular Air Force. 

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPWB advises that, based on his DOR to SSgt of 21 Oct 02, the applicant would not be eligible to test for TSgt until the Feb/Mar 05 timeframe for cycle 05E6. Based on the above and HQ AFPC/DPPAEQ’s advisory, they recommend denial.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 30 May 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice to warrant enlisting the applicant on 21 Oct 02 in the grade of TSgt. The Air Force approached the applicant about returning to active duty because it desired the experience of prior service members in the applicant’s insufficiently manned career field.  At first he was informed that he would be able to retain his TSgt rank; however, shortly before his reenlistment he was told he would have to reenlist as a SSgt because he lacked 10 years of TAFMS. As a result, and in good faith, the applicant volunteered for an overseas assignment in order to acquire the few additional months of TAFMS he lacked, but was then called back from deployment in order to enlist “now or never.” The applicant did sign the enlistment contract indicating he had no claim to a higher grade, but we believe he felt somewhat pressured into living with a poorly handled situation. The entire recruitment in this case was sorely lacking in accurate information and professional processing. In the vernacular, the applicant appears to have been “jerked around,” and we do not believe the Air Force does itself any favors when willing, critically-skilled individuals such as the applicant are short-changed through no fault of their own. The circumstances of this particular case unfairly penalized the applicant and should be rectified by waiving the TAFMS requirement and allowing him to enlist in the grade of TSgt with a DOR of 21 Oct 02. HQ AFPC/DPPPWB has advised via email that, with a DOR of 21 Oct 02, the applicant would not be eligible for promotion consideration to MSgt until cycle 05E7. Therefore, we find no need to afford the applicant an opportunity to test for supplemental promotion consideration to MSgt, and recommend his records be corrected to the extent indicated below.

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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 he enlisted in the Regular Air Force for a period of four (4) years on 21 October 2002 in the grade of technical sergeant, rather than in the grade of staff sergeant, with a date of rank of 21 October 2002.

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The following members of the Board considered this application in Executive Session on 30 July 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number BC-2003-00703 was considered:

   Exhibit A.  DD Form 149, dated 24 Jan 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAEQ, dated 6 May 03.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 19 May 03.
   Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00703

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to be corrected to show that he enlisted in the Regular Air Force for a period of four (4) years on 21 October 2002 in the grade of technical sergeant, rather than in the grade of staff sergeant, with a date of rank of 21 October 2002.

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency