RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02163 INDEX CODE:	110.02
XXXXXXXXXXXXXXXXXX	COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or discharge from Active Duty, be corrected to reflect his rank as senior airman (SrA/E-4) versus airman first class (A1C/E-3), and his reenlistment (RE) code of “2X” be changed.

APPLICANT CONTENDS THAT:
He was given his SrA stripes by his commander and he never received an Article 15 or demotion. Additionally, he was never declined reenlistment.

In support of his request, the applicant submits copies of an electronic communication to his commander and verification that it was received.

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

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 June 2001 at the age of 18 in the rank of airman basic (E-1). He was progressively promoted to the grade of A1C effective and with a date of rank (DOR) of 26 October 2002. The applicant’s record reflects Special Order SOP-352, dated 25 May 2004, indicating the applicant was to be promoted to the rank of SrA effective and with a DOR of 26 June 2004.

On 4 November 2004, the applicant received a referral enlisted performance report (EPR) for the period 26 February 2004 through
25 October 2004 for failure to meet standards. He chose not to provide comments to the referral EPR.

On 15 May 2005, the applicant was honorably discharged for completion of required active service. He received an RE code of “2X” (first term, second term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program).   The applicant had served 3 years, 10 Months, and
20 days on active duty.

AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial of the applicant’s request to correct his DD Form 214 to reflect the rank of SrA and defers to DPSOA regarding his “2X” RE code. DPSOE states that based on his total active federal military service date, the applicant would have become eligible for promotion to SrA on 26 June 2004. However, he became ineligible for promotion in accordance with Air Force Instruction 36-2502, Table 1.1, Rule 16 on 4 June 2004 when he received an RE code of “2X” and subsequently, a promotion eligibility status (PES) code of “J” (is denied or not selected for reenlistment). A review of the applicant’s record reveals a promotion order dated 25 May 2004 indicating promotion of the applicant to SrA with a DOR and effective date of 26 June 2004. Since he became ineligible after the order was cut and before the DOR/effective date, another order should have been accomplished amending the original order. As a matter of information, neither the military data system nor the Defense Finance and Accounting Service files were ever updated to reflect a promotion to SrA.

The DPSOE evaluation is at Exhibit C.
AFPC/DPSOA recommends that in light of no formal documentation to support the applicant’s denial of reenlistment, they recommend his RE code be corrected to “4E” (grade is A1C or below and airman completed 31 or more months, if a first-term airman). DPSOA states that they found no record of denial of reenlistment; however, based on the applicant’s overall record of performance and conduct, both on/off duty, it would be reasonable to conclude he was denied reenlistment.

The DPSOA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 July 2008, copies of the Air Force advisory opinions were forwarded to the applicant for review and comment within 30 days. As of this date, this office has received no response.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We believe the preponderance of evidence substantiates that the applicant was denied reenlistment and not promoted to the grade of senior airman. In that regard, we note that the applicant received a referral EPR encompassing the period of the promotion effective date and that the promotion was never updated in either the Defense Finance Accounting System or the Military Personnel Data System. Contributing to our decision, is the supporting documentation provided by the applicant (verbiage the applicant contends was sent to his commander in an e-mail), indicating he willingly signed reenlistment paperwork in his First Sergeant’s office which ultimately resulted in his ineligibility for promotion to SrA. Based on our assessment of the totality of evidence, we find no basis to recommend granting the requested relief.

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 issue involved. Therefore, the request for a hearing is not favorably considered.

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.

The following members of the Board considered this application in Executive Session on 9 September 2008, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-02163:

Exhibit A.	DD Form 149, dated 20 May 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSOE, dated 26 Jun 08.
Exhibit D.	Letter, AFPC/DPSOA, dated 9 Jul 08. Exhibit E.	Letter, SAF/MRBR, dated 25 Jul 08.