RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00179
								INDEX CODE:  112.02
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he enlisted in the Regular Air Force in the grade of senior airman (E-4), rather than airman first class (E-3).
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APPLICANT CONTENDS THAT:

He met the minimum requirements set forth in AETCI 36-2002, Recruiting Procedures for the Air Force, A3.5, Table 3.1, note 5, which states that the minimum Total Active Federal Military Service (TAFMS) requirements for enlistment when the last regular component was non-Air Force are 2 years for Senior Airman (E-4); 5 years and 6 months for Staff Sergeant (E-5), and 10 years for Technical Sergeant (E-6).  He also refers to AIG 8106 1C 2001-1 (not attached).

He enlisted in the Air Force on 28 February 2002, and reported to Lackland AFB, TX for a Prior Service Sister Service course.  Upon completion of this course, he reported to Keesler AFB, MS, to attend technical school.  His orderly room at Lackland believed his rank of Airman First Class was in error, and began to correct his record.  Three months later, he was told by his orderly room and First Sergeant to wear the rank of Senior Airman and his leave and earnings statement would reflect the change in rank.  The Air Force Personnel Center (AFPC) adjusted his grade to Senior Airman with a date of rank of 30 March 1999.

He arrived at Scott AFB, IL, and was told to test for Staff Sergeant and to submit a request for a skill level waiver because he had not completed 5-skill level training.  He graduated from Airman Leadership School in June 2003, submitted the waiver request, and departed for a three-day field training exercise.  Upon his return, he was informed that his waiver request was disapproved, and that he would not be eligible for promotion to Senior Airman until 28 October 2003.  As a result of this action, he incurred a large debt, and was unable to test for promotion to Staff Sergeant.  AFPC informed his Military Personnel Flight that prior service performed by E-3s and below is not counted, and his four years of prior Marine Corps service would not be added to his Air Force time.

His Commander, First Sergeant, and Senior Enlisted Advisor, have all tried to help rectify this matter.  The debt incurred from this incident is overwhelming, and he cannot afford it.  He feels if he had been allowed to test for Staff Sergeant when he was first told he could, he would have scored high enough to be promoted that time.

In support of his request, the applicant has submitted an excerpt from AETCI 36-2003, 18 April 2000; an Active Duty Report, DD Form 220; a Separation Document, DD 214; an Assignment Order 42-11 dated 28 Feb 2002, and a memorandum, Request for Relief from Debt, dated 7 Jan 2004.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 28 February 2002 in the grade of Airman First Class (E-3) for a period of four years.  He enlisted for retraining in Air Force Specialty (AFS) 3E3X1 “Structural” with first regular duty assignment to Scott AFB, IL.  He was promoted to the grade of Senior Airman (E-4) effective and with a date of rank of 28 October 2003.  Based on prior military service his TAFMS date is 28 February 1998.
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AIR FORCE EVALUATION:

HQ AFPC/DPPAEQ recommends denial.  DPPAEQ states that on 28 July 2001 the applicant was released from active duty from the United States Marine Corps (USMC) in the pay grade of Lance Corporal (E-3), after four years of service.  On 28 February 2002, the applicant enlisted in the Regular Air Force (RegAF) in the grade of Airman First Class (E-3).  DPPAEQ states that AFI 36-2002, Regular Air Force (RegAF) and Special Category Accessions, is the governing directive for determining enlistment grades, and outlines the minimum amount of TAFMS required to enlist in a grade previously held in a branch other than the RegAF.  The source document used to determine enlistment grades in the RegAF when the grade was earned from another branch of service is the DD Form 214, Certificate of Discharge.  The applicant did not provide documentation that the highest grade he previously held was E-4 or higher.  At the time of enlistment, the applicant both initialed and signed an AF Form 3006, Enlistment Agreement - Prior Service, stating, “I am enlisting in pay grade E-3.  I have no claim to a higher grade.  I understand my entitlement to further promotions will be in accordance with regulations in effect at the time of my eligibility for promotion and provisions do not exist to accelerate promotion due to my prior service or the number of years I am enlisting for…I understand my DOR is my date of enlistment in the RegAF.”  HQ AFPC/DPPAEQ’s evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant was provided a copy of the advisory opinion for review and comment on 5 March 2004.  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 an error or injustice.  After a thorough review of the evidence presented, it appears that in accordance with governing directives, Recruiting Service representatives took appropriate action in executing the applicant’s enlistment grade based on active duty time served with the United States Marine Corps.  Additionally, the governing directive stipulates the grade determination for non-Air Force prior service Enlistees as the grade in which last separated from regular component, and in this case the applicant’s prior service grade was E-3 which is equivalent to Airman First Class in the Regular Air Force.  Although the applicant’s MPF erred by changing the applicant’s records to show he was enlisted in pay grade E-4 and this error was subsequently discovered and corrected, in our estimation, this does not warrant approval of the requested relief.  As to the debt incurred by the applicant based on the MPF’s erroneous actions, the applicant should contact his local Finance Office to submit a request to the Defense Accounting and Finance Service (DFAS) for a waiver of the debt.  Should DFAS deny his request, having exhausted his administrative remedies, he may then apply to this Board for relief concerning the debt.  In view of the above, 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 an injustice.  In the absence of evidence to the contrary, we find no 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 probable 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 23 June 2004, under the provisions of AFI 36‑2603:
The following documentary evidence was considered in connection with AFBCMR BC-2004-00179:

	Exhibit A.  DD Form 149, dated 9 Jan 04, with attachments.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPAEQ, dated 26 Feb 04.

		Chair