RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01054 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Date of Rank (DOR) and effective date for promotion to the grade of staff sergeant (SSgt/E-5) be changed to “18 Dec 98” rather than “1 Jan 02.” ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was transferred directly from the United States Army Reserve (USAR) to the New York Air National Guard (NYANG) on 24 Oct 05 as an E-5. His DOR was recorded as 1 Jan 02; however, he should have been credited for his USAR DOR of 18 Dec 98, since he did not have a break in service. His DOR on his enlistment document was recorded as it should have been. In accordance with (IAW) ANG Instruction (ANGI) 36-2002, his DOR to E-5 should be adjusted to 18 Dec 98. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 21 May 00 release from active duty; a Records Review Report of Individual Personnel (RIP); USAR discharge orders, SO – 05-325-00011, dated 21 Nov 05; ANG/ Air Force Reserve Point History – Service History, and enlistment documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available evidence, the applicant was a member of the USAR and was discharged from the USAR on 23 Oct 05. He enlisted in the NYANG on 24 Oct 05 for a period of six years. The applicant has completed 15 years of satisfactory Federal Service. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends denial. IAW ANGI 36-2002, Enlistments and Reenlistments in the ANG and Reserve of the Air Force, Table 1.8., Date of Rank Adjustment, Rule 4, does state that member of “all other services” DOR will be “The same DOR as held adjusted to deduct breaks in regular or reserve service.” However, the applicant did not come in at the rank as he left the USAR, so the DOR is calculated based on prior service as an E-5 only. The applicant does not provide any documentation as to when he was promoted to technical sergeant (TSgt/E-6), so an exact determination of how long he served as an E-5 cannot be determined. Regardless, when he enlisted in the ANG, on 24 Oct 05, he was given 3 years and 9 months credit as an E-5 since his DOR was adjusted to 1 Jan 02 at the time of enlistment. It is assumed that is the amount of time that he served as an E-5; however, he does not receive credit as an E-5 for the time he was an E-6. Since his promotion to E-6 which he was given credit for prior service as an E-6 as well, they see no error in his records. The complete NGP/A1PS evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 Sep 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. The NGB office of primary responsibility has addressed the issue presented by the applicant and we are in agreement with its opinion and recommendation. Based upon the available evidence of record, the applicant’s DOR was adjusted based on the policies in effect at the time of his enlistment into the ANG and without evidence to the contrary, we must assume that his Date of Rank was proper and in compliance with appropriate directives. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01054 in Executive Session on 2 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 30 Aug 10, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 3 Sep 10.