RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-03027
		INDEX CODE 131.05
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His date of rank (DOR) for E-4/senior airman be changed from 8 Nov 01 to 23 Jul 00.

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APPLICANT CONTENDS THAT:

He served in the Marine Corps from Oct 89 to Oct 93. He then served in the Army National Guard from Nov 93 to Nov 01. He was promoted to E-4 in Jan 93 and held that rank until Mar 01 when he was promoted to E-5. On 8 Nov 01, he joined the Air Force and was reduced to E-4. He believes if the Air Force is going to recalculate his time-in-service (TIS), they should at least give him credit for the first time he put on E-4. He is being unjustly reduced one pay grade for coming on active duty.

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

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STATEMENT OF FACTS:

The applicant joined the Marine Corps on 18 Oct 89. On 17 Oct 93, after four years of active service, he was honorably released from active duty in the grade of E-4 and transferred to the XXXX National Guard. He achieved the rank of E-5 on 5 Jan 01 and was honorably discharged from the XXXX National Guard in that rank on 7 Nov 01 after eight years, one month and six days of service. He enlisted in the Regular Air Force on 8 Nov 01 as an SRA with a DOR of 8 Nov 01.

AFI 36-2604, Service Dates and Dates of Rank, states that if a member returns on active duty after four years, the DOR will be the date of active duty entry.
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AIR FORCE EVALUATION:

HQ AFPC/DPPAOR indicates that, based on the governing directive, the applicant’s DOR was computed correctly. Therefore, his request should be denied. 

A complete copy of the evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 5 Dec 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that his DOR for E-4 should be changed. The applicant’s contentions are duly noted; however, AFI 36-2604 requires his DOR be his date of entry to active duty because of his more than four-year break in active duty service. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant did not sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.   

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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 29 January 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2003-03027 was considered:

   Exhibit A.  DD Form 149, dated 31 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAOR, dated 24 Nov 03, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.