RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01841
		INDEX CODE:  112.02
XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  14 DECEMBER 2008

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APPLICANT REQUESTS THAT:

1.  Her rank be changed from airman first class (A1C) to staff sergeant (SSgt).

2.  Her date of rank (DOR) be adjusted to reflect her previous active duty Reserve service.

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APPLICANT CONTENDS THAT:

She was not allowed the opportunity to pursue a waiver which may have entitled her to retain some or all of her previous rank.  In addition, she believes the record is unjust because she has not been granted a date of rank adjustment to reflect her previous active duty service.

In support of her request, the applicant provided a personal letter; a letter from her current commander supporting her request; several character letters; AF Form 910(s), Enlisted Performance Report; AF Form 214(s), Certificate of Release or Discharge from Active Duty; Email correspondence; Point Credit Summary and excerpts from AFI 36-2002, Regular Air Force and Special Category Accessions.

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system and her DD Form 214 reflects the applicant served in the Air Force Reserves from 3 April 1993 to 6 June 2006 and was progressively promoted to the grade of Technical Sergeant (E-6).  On 7 Jun 2006, she enlisted on active duty in the grade of A1C (E-3). She is currently assigned as an Aerospace Propulsion Journeyman in the 552d Maintenance Group at Tinker AFB, Oklahoma.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial.  DPPAE states the applicant did not hold A1C in a regular service component.  In accordance with AFI 36-2604, Service Dates and Dates of Rank, Chapter 8.2 (Atch 1), "If the enlistment grade was not held in a Regular component, DOR will be equal to the date of enlistment".  Therefore, the applicant's DOR has been determined to be 7 June 2006, her date of enlistment into the USAF.  After reviewing her records and the documents she submitted, there were no errors or injustices noted.  The applicant does not meet the criteria for a DOR adjustment in accordance with AFI 36-2604.  

The complete DPPAE evaluation, with attachments, is at Exhibit C.

HQ AFPC/DPPAOR recommends denial.  DPPAOR states her record shows she was given credit toward her TAFMSD with her basic and technical training.

The complete DPPAOR evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating that because of misinformation from her recruiter, she was not able to apply for a waiver or exception to policy concerning Total Active Federal Military Service "TAFMS" requirements to her rank or be given a DOR adjustment.  She requested the DOR adjustment in conjunction with a rank/grade determination based on the AFI being unjust.   She states she was not able to compete for Senior Airman Below the Zone with her peers because she did not meet the time in service or DOR requirements.  She believes if she had been allowed to apply for a waiver, this would not be an issue. In addition, she did not request a TAFMS adjustment or correction. She is asking the Board to determine that there was a waiver or exception to policy provision in AFI 36-2002 concerning the 24 TAFMS requirement to allow her to retain some or all of her former rank.  She is requesting a rank/grade correction from A1C to SSgt and a DOR correction from 7 June 2006 to 27 February 2005.

The complete response, with attachments, is a Exhibit E.

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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.  After a thorough review of the applicant’s submission, we are not persuaded the relief requested should be granted.  We took notice of the complete submission in judging the merits of the case; however, it appears that her grade was appropriately determined in accordance with the established guidelines.  Therefore, we find no evidence of an error in this case and are not persuaded by the evidence provided that any extenuating circumstances exists which would warrant adjustment of her grade as an exception to policy.  Accordingly, we agree with the opinions and recommendations of the Air Force offices 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.  Absent persuasive evidence to the contrary, we find no compelling basis upon which to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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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; the application was denied without a personal appearance; and 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-2007-01841 in Executive Session on 28 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01841 was considered:

    Exhibit A.  DD Form 149, dated 14 November 2006, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 22 June 2007.
    Exhibit D.  Letter, AFPC/DPPAOR, dated 26 June 2007.
    Exhibit E.  Letter, SAF/MRBR, dated 13 July 2007.
    Exhibit F.  Letter, Applicant, dated 3 August 2007.