RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-03370
		INDEX CODE:  131.00
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect his discharge rank as E-5/ Staff Sergeant (SSgt) rather than E-4/Sergeant (Sgt).

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APPLICANT CONTENDS THAT:

He completed his non-commissioned officer course (NCO) and was promoted to (SSgt) non-commissioned officer (E-5) approximately one week before his discharge.  His promotion was not updated or reflected on his DD Form 214.  He is applying for employment with the Government and this will affect his rating.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 July 1983 for a period of four years as an airman basic.  He was progressively promoted to the grade of senior airman (E-4) with a date of rank of 29 July 1986.

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, indicates he was released under the provisions of AFR 39-10, Expiration Term of Service on 28 July 1987, in the rank of senior airman and transferred to the Air Force Reserves.  He served four years of active duty.

Special Order GB-072, dated 21 July 1987, awarded the Air Force Achievement Medal to applicant.  The Special Order refers to the applicant as sergeant.

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AIR FORCE EVALUATION:

AFPC/DPPAE states per AFR 39-13, E-4/senior airman are eligible for appointment to NCO status if they meet certain criteria.  Airmen are eligible for NCO status if they have completed 12 months time in grade.  However, an appointment to NCO status does not entitle the servicemember to a promotion to E-5.  Therefore based on the rationale provided they recommend denying the applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 January 2004, for review and response.  As of this date, no response has been received by this office.

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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 waive the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Although the applicant was authorized NCO status, the applicant submits insufficient evidence he applicant was recommended for or promoted to SSgt/  E-5.  Furthermore, appointment to NCO status does not entitle the servicemember a promotion.  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 AFBCMR Docket Number BC-2003-03370 in Executive Session on 24 February 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 2 Oct 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPAE, dated 16 Dec 03.
	Exhibit D.	Letter, SAF/MRBR, dated 9 Jan 04.