RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03593

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) in the grade of staff sergeant be adjusted from 6 Dec 99 to 6 Dec 97.

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APPLICANT CONTENDS THAT:

He separated from active duty on 9 Aug 01 and reenlisted on active duty on 14 Dec 01, which was a break in service of four months and five days.  His time in service dates were adjusted by the four months and five days of his break in service.  However, when his DOR was adjusted, he lost half of his time in grade.  This adjustment was made in accordance with AFI 36-2604, dated 1 Jul 99.  Just four days (18 Dec 01) after he reenlisted, AFI 36-2604 was rewritten, under which he would have only lost the four months and five days.  Had he known that AFI 36-2604 was being rewritten and how it would affect him, he would have delayed his reenlistment for four days.

In support of his appeal, the applicant provided copies of his separation orders and enlistment document, extracts from AFI 36-2604, and electronic mail (e-mail) from AFPC/DPPAOR.

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

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicate that he enlisted in the Regular Air Force on 29 May 92.  He was honorably discharged on 9 Aug 01.

Applicant enlisted again in the Regular Air Force on 14 Dec 01 for a period of four years in the grade of staff sergeant, with an adjusted DOR of 9 Dec 99.

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of technical sergeant, with a DOR of 1 Jul 03.  His Total Active Federal Military Service Date (TAFMSD) is 1 Oct 92.

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AIR FORCE EVALUATION:

AFPC/DPPAO recommended denial indicating that the time frame from when the applicant was discharged to the time he returned to active duty was less than two years, which entitled him to 50 percent of his time in grade as a staff sergeant.  Based on the governing directive in effect when the applicant reenlisted, his DOR was computed correctly.

A complete copy of the AFPC/DPPAO 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 applicant on 5 Dec 03 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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.  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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence that the computation of his adjusted DOR upon his return to active was not correct, or that he was treated differently than other individuals similarly situated, 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-2003-03593 in Executive Session on 10 Feb 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAO, undated, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.