RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00224
		INDEX NUMBER:  131.05
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be allowed to retain the date of rank (DOR), 1 May 94, of his promotion to staff sergeant (SSgt) while in the Air Force Reserve.

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APPLICANT CONTENDS THAT:

His recruiter told him that he would retain his original DOR to SSgt upon reentering active duty.

He feels he is being penalized for returning to active duty after nine years in the Air Force Reserve.

Although he understands the purpose of the regulation that requires his DOR be reset upon entering active duty, he believes he falls into a different category.  It was never his intention to make rank [in the Reserves], and then return to active duty, especially after nine years.

Loss of his original DOR is costing him 40 points toward promotion and depriving him of the opportunity to test for promotion to technical sergeant (E-6) during the 2003 E-6 promotion cycle.

In support of his appeal, the applicant provides letters of support from his rating chain and copies of his Enlisted Performance Reports (EPRs).

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 (RegAF) on 19 Oct 88.  He was discharged from the RegAF on 16 Aug 93 in the grade of senior airman (E-4).  On 17 Aug 93, the applicant enlisted in the Air Force Reserve.  He was promoted to the grade of SSgt on 1 May 1994.  He was discharged from the Air Force Reserve on 6 Jul 00.  On 7 Jul 00, he enlisted in the --- Air National Guard and was discharged on 3 Apr 03.  The applicant enlisted in the RegAF on 4 Apr 02, in the grade of SSgt, with DOR of 4 Apr 02, the date he entered the RegAF.

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AIR FORCE EVALUATION:

ARPC/DPPAOR recommends denial of the applicant’s request.  AFI 36-2604, paragraph 8.1, states that former members of a regular component enlisting on or after their 6th anniversary of their date of separation (DOS) receive a DOR equal to the date of enlistment in the RegAF.  The applicant’s DOR was computed correctly in accordance with this policy.

The complete 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 19 Mar 04 for review and comment within 30 days.  To date, a response has not been received.

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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 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 Docket Number BC‑2004-00224 in Executive Session on 1 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAOR, dated 16 Mar 04,
				 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.

                                   Panel Chair