RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:  				DOCKET NUMBER:  BC-2003-01965
								INDEX CODE:  131.05
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE 

	XXXXXXXXXXXXX				HEARING DESIRED: NO 

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APPLICANT REQUESTS THAT:

He be promoted to the rank of staff sergeant (SSgt) (E-5) with a date of rank (DOR) of 9 November 2001 and receive back pay due as a result of the promotion.

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APPLICANT CONTENDS THAT:

He was told that his previous rank of SSgt, which he held while in the Air National Guard, could be restored when he joined the Air Force Reserve unit.  After he joined the unit and pursued getting his promotion reinstated, he was told he would have to wait one year before he could be promoted.  After waiting a year, he was told that he was not eligible for promotion due to a lack of participation points and for not completing the Non-Commissioned Officer Preparatory (NCO Prep) Course.  He provided his training records, which contained proof of his NCO Prep Course completion and was told that his military personnel records needed correcting to reflect that he met the time-in-service promotion requirement.  The Military Personnel Flight (MPF) had the required source documents needed for his promotion since 9 November 2001.  

In support of his application, the applicant provides copies of his discharge documentation from both the Air National Guard and the Army, a copy of a personnel classification action reflecting his promotion to SSgt effective 10 July 1993, and copies of electronic correspondence between the applicant and the Inspector General’s office.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 18 September 1986, the applicant enlisted in the Air National Guard (ANG) at the age of 18 in the rank of airman basic (E-1) in the Air Force Specialty Code 43132E, Apprentice Strategic Aircraft Maintenance Specialist.  He was progressively promoted to the rank of SSgt (E-5) effective 10 July 1993.  His records reflect he was honorably discharged from the ANG effective 17 September 1999.  However, the applicant provided a copy of a DD Form 214, Certificate of Release or Discharge From Active Duty, indicating he enlisted in the Regular Army on 21 June 1997 in the rank of specialist (E-4) with an effective date of 20 November 1997.  He served in the Military Occupational Specialty 93C10, Air Traffic Control Operations.  He was honorably discharged from the Army effective 18 November 2000 for completion of required active service.  

On 9 November 2001, according to the Military Personnel Data System (MILPDS), the applicant enlisted in the Air Force Reserve for a period of three years in the rank of Senior Airman (E-4) effective and with a date of rank of 20 November 2001. He enlisted in the AFSC 2A5X1, Aerospace Maintenance and currently holds a Primary AFSC (PAFSC) of 2A531 (3-skill level).  As of 8 November 2002, the applicant has 14 years, 2 months and 1 day of satisfactory Federal service.  The applicant has an established Date of Separation of 8 November 2004.

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AIR FORCE EVALUATION:

AFRC/DPM recommends the application be denied.  DPM states that the applicant has not upgraded to the necessary 5-skill level required for promotion to SSgt in accordance with AFI 36-2502, Airman Promotions Program.  Individuals must attain a 5-skill level in their PAFSC to become eligible for promotion to SSgt.  The applicant currently holds a 3-level in his career field, which indicates he has not completed the necessary training for upgrade.  The DPM evaluation 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 17 October 2003, 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 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 that the applicant does not meet the skill-level requirements in his current career field for promotion to the grade of SSgt.  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 18 December 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2003-01965 was considered:

	Exhibit A.  DD Form 149, dated 5 Jun 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFRC/DPM, dated 15 Jul 03.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 03.