RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00503
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to indicate he received a 5-skill level in his Air Force Specialty (AFS) and that his pay grade be changed to senior airman (SRA/E-4).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He recently enrolled in college.  When he requested his transcript from the Community College of the Air Force (CCAF), he learned he had earned a total of 28 credit hours.  He contends the education office told him he did not receive the entire 28 credit hours, as there was no record of his ever reaching his 5-level.  He received passing scores on his 5-level career development course (CDC) testing and completed his on-the-job (OJT) training to the point where he was eligible to be upgraded to a 5-skill level.  He states the only thing stopping him from being awarded his degree is the lack of the 24 hours.

In support of his appeal, the applicant has provided copies of his CDC results, a CCAF degree-planning sheet, a substantial part of his training record, a copy of his February 2001 Leave and Earnings statement reflecting pay at the SRA grade, and a copy of his Armed Forces Identification Card, also reflecting grade as SRA.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant joined the Air Force on 27 February 1997.  He attained the rank of Airman First Class (A1C/E-3) with a date of rank (DOR) of 4 June 1999.  He was issued an Article 15 on 4 February 1998 for fleeing apprehension from local Florida policemen, possession, and use of a counterfeit military ID card, and wrongfully altering the ID card by changing the birth date.  He was punished with reduction in grade to airman basic (AB/E-1) with a new DOR of 4 February 1998 and restriction to the base for 14 days.  On 4 August 1998, he was promoted to Airman (Amn/E-2) and on 4 June 1999, he was promoted to A1C.  On 15 December 2000, his commander recommended he not be considered for reenlistment.  Consequently, on 26 February 2001, he was honorably discharged for completion of required active service.  At the time of his discharge, he had served four years and was discharged as an A1C.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT addressed the issue of awarding the applicant a 5-level.  DPPAT could not verify through his records where he completed 5-level training.  DPPAT asked the applicant to provide a statement from his supervisor at the time who would verify whether or not the applicant had received his 5-level.

DPPAT’s complete evaluation, with attachment, is at Exhibit C.

AFPC/DPPPWB recommends denial.  DPPPWB states that although he met the time in grade and time in service requirements for promotion to SRA on 4 February 2001, there is no letter of promotion recommendation from his commander in his record.  There is however an AF Form 418, Selective Reenlistment Program Consideration, that nonrecommends the applicant for reenlistment.  Therefore, since the applicant was not recommended for reenlistment on 15 December 2000 he would not have been recommended for promotion to SRA on 4 February 2001.

DPPPWB’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 April 2004 for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 regarding the applicant’s request to upgrade his pay grade to SRA. 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.  He was eligible for promotion to SRA on 4 February 2001 but there is no evidence of a promotion recommendation from his commander in the record.  Since he was not recommended for reenlistment on 15 December 2000, we believe he would not have been recommended for promotion to SRA on 4 February 2001.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  Notwithstanding the aforementioned, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice concerning the applicant’s request for a change to his record indicating he had received a 5 skill level for the 3E2X1 AFS, Pavement Equipment Specialist.  The applicant’s supervisor, at that time, submitted a letter confirming the applicant had received a 5 skill level for the 3E2X1 AFS, in February 2000.  Therefore, we recommend that the records be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded a 5-skill level in the 3E2X1 Air Force Specialty of Pavement Equipment Specialist, on 1 February 2000.

______________________________________________________________

The following members of the Board considered this application in Executive Session on 25 May 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 19 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.

                                   Panel Chair

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-00503

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded a 5-skill level in the 3E2X1 Air Force Specialty of Pavement Equipment Specialist, on 1 February 2000.

                                                                            Director
                                                                            Air Force Review Boards Agency