RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01178
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His previous time in grade (2 years 4 months and 23 days) as a staff sergeant (E-5) be credited to his current date of rank.

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APPLICANT CONTENDS THAT:

He was promoted to staff sergeant (SSgt) in the Air National Guard on 1 September 1995.  In January 1998 he left the Air National Guard due to employer conflict.  He joined the Air Force Reserve in June 2000 and was demoted to senior airman (SrA) on 23 January 1998.  He was promoted to SSgt on 1 March 2003.

In support of the appeal, applicant submits a copy of his Special Order P-298, showing promotion of a XXXXX. XXXXXX to SSgt in 1995, and a copy of AF Form 224, Recommendation and Authorization for Promotion of Airman as Reserve of the Air Force, showing his promotion to SSgt in 2003.  Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Available records indicate the applicant enlisted in the Regular Air Force on 16 July 1985.  He served in the Regular component until 1 December 1994, when he was honorably released from active duty in the grade of sergeant (E-4) and transferred to the Air Force Reserve.  He had served 9 years, 4 months and 16 days on active duty.  On 2 December 1994, the applicant enlisted in the Air National Guard and as a Reserve of the Air Force for a period of six years.  He was promoted to the grade of staff sergeant (E‑5), Air Force Reserve and Air National Guard on 1 September 1995.  He was demoted under the provisions of ANGI 36-2503, paragraph 4.6 (unsatisfactory performance) to the grade of senior airman (E-4) on 23 January 1998.  He was discharged from the Air National Guard on 22 April 1999 and from the Air Force Reserve on 1 December 2000 for the same reason.  Point histories for this period indicate that the applicant earned satisfactory years of Federal service for the Reserve Years Ending (RYEs) 1 December 1995, 1 December 1996 and 1 December 1997.  He did not earn a satisfactory year of Federal service for RYE 1 December 1998.

On 5 June 2001, the applicant enlisted in the Air Force Reserve in the grade of senior airman (E-4).  Information maintained in the personnel data system shows he was awarded an effective date and date of rank of 23 January 1998 for the grade of senior airman.  He was promoted to the grade of staff sergeant (E-5), effective and with a date of rank of 1 March 2003.  He was credited with satisfactory years of Federal service for the RYEs 4 June 2002 and 4 June 2003 for a total of 14 years, 4 months and 16 days of satisfactory Federal service.

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AIR FORCE EVALUATION:

AFRC/DPM states that the documentation submitted does not support the applicant’s claims.  The applicant did submit Special Order P-298 promoting a XXXXX. XXXXXX to SSgt, however, the name does not match the applicant’s name, and there is no social security number to verify who is on the order.  Even giving the applicant the benefit of the doubt, Reserve Order CA-003795, dated 9 December 2000, from HQ ARPC is discharging the applicant from the Air Force Reserve and the order indicates he is a sergeant (E-4).  Also, the applicant’s grade history does not indicate he was promoted to E-5.  The only entries are promotion to E-4 on 23 January 1998 and then his recent promotion to E-5 on 1 March 2003.  Per communication with applicant’s Military Personnel Flight there is no documentation in the applicant’s Unit Personnel Records Group (UPRG) nor did he submit any documentation to his Recruiter at the time of his enlistment indicating he was ever promoted to the grade of E-5.

Pursuant to the Board’s request, AFRC/DPM again reviewed this application and stated that the applicant was demoted to the grade of senior airman (E-4) because of unsatisfactory performance.  There are no provisions in AFI 36-2604 (Service Dates and Dates of Rank) to credit individuals for previous rank when demoted for unsatisfactory performance.

Complete copies of the evaluations are at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 23 May and 7 November 2003 for review and response 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 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 and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  As stated in the advisory, there are no provisions in AFI 36-2604, Service Dates and Dates of Rank to credit individuals for previous rank when demoted for unsatisfactory performance.  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 this application in Executive Session on 14 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 30 Mar 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFRC/DPM, dated 5 May 03.
	Exhibit D.	Letters, SAF/MRBR, dated 23 May 03 and 7 Nov 03.

					Panel Chair