RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04742

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His grade upon transfer from the Active Guard Reserve (AGR) to the Regular Air Force (RegAF) on 19 Apr 11 be in the grade of technical sergeant (TSgt), instead of staff sergeant (SSgt).

He receive back pay for the retroactive correction.  

APPLICANT CONTENDS THAT:

He is seeking retroactive correction of his prior service enlistment with back pay.  The error caused him to enlist in the grade of SSgt without any time in grade (TIG). 

The AF/A1P Prior Service Enlistment Grade memorandum dated 29 Sep 16, states members who transfer across components will maintain their current grade as long as they meet the qualifications.  He used the rationale in AFI 36-2502, Enlisted Promotions and Demotions Program, as justification to retain his grade of TSgt; however, his request was denied.  He made all of his promotions while on active duty without a break in service.  

He tried to work with his chain of command but was advised to submit a BCMR application.  No one has been able to explain why AFI 36-2502, Table 2.1, Note 3 did not apply to him at the time.  It reads AGR or statutory tours is eligible for promotion if extended active duty is on or after the promotion eligibility cut-off date (PECD).  

He was a certified 8R000, Recruiter with four years of recruiting service but in addition to being reduced in grade to SSgt, he was told he had to repeat recruiting school.  He could not understand why the RegAF would send him back to recruiting school.  His instructors also questioned this.  

Upon arrival at his new duty station, he was told he would have to miss two promotion cycles for promotion to TSgt because of his date of rank (DOR) for SSgt.  He felt as if he was set up to fail since high year tenure (HYT) for SSgt is 15 years.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a TSgt in the Air Force.  His DOR and effective date of promotion are 1 Nov 16.  

On 19 Apr 11, the applicant transferred from the AGR to the RegAF.  His AF Form 3006, Enlistment Agreement-Prior Service/Active USAFR/ANG United States Air Force, dated 19 Apr 11, states he understood he was enlisting in the RegAF for a period of 4 years in the grade of SSgt.  

AF/A1P Memorandum dated 29 Sep 16, states effective 1 Oct 16, members enlisting or transferring across Air Force components will maintain their current grade as long as they meet the qualifications outlined in AFI 36-2502.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial.  The applicant cites a policy memorandum signed on 29 Sep 16 provides justification for him to have come onto active duty as a TSgt on 19 Apr 11 and that the same guidance should have applied in 2011 when he was denied the grade determination he felt he was entitled to.  

The applicant enlisted into the RegAF from the ANG on 19 Apr 11.  He was a TSgt in the ANG but was accessed in the grade of SSgt because he did not meet the total active federal military service (TAFMS) requirement for accession in the grade he held in the ANG.  He would have needed 10 years TAFMS for accession as a TSgt per AFI 36-2002, Enlisted Accessions, dated 7 Apr 99.  He was accessed as a SSgt with a DOR equal to his enlistment per AFI 36-2604, Service Dates and Dates of Rank, dated 2 Dec 2004.  To grant relief would be contrary to the criteria established by DOD guidance and AFI 36-2604 and AFI 36-2002 in effect at the time.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 25 Jul 18 for comment (Exhibit D).  He does not concur with the advisory opinion.  The AFIs used to justify his demotion are not applicable as they do not apply for members who transfer from the AGR to active duty.  He was on active duty service and met the time in grade (TIG) and time in service requirements (TIS) at the time of his promotion.   The advisory fails to consider he was an AGR (on active duty status).  He was incorrectly lumped into a generic category as a prior service member “returning to active duty” when in fact he was already on full time active duty and was simply transferring to the RegAF from the AGR.   His career progression was halted, he had to wait two test cycles before testing for promotion to TSgt and it took him 5 years to make TSgt.  This stopped him from his goal of becoming a first sergeant.  His career progression was also hindered as he was forced to complete two consecutive Tier 2 Recruiter assignments.  

The 29 Sep 16, HQ USAF memorandum clarified he was correct.  It confirmed the 10-year TAFMS rule was not applicable in his case as an AGR transferring to the Regular Air Force.  The efforts to correct his records pre-date this memorandum.  

In conclusion, at the time of his transfer, he had 7 years, 6 months and 25 days of service.  The minimum required for TSgt in 2009 per AFI 36-2502 was 5 years TIS and 23 months TIG, which entitled him to keep his grade during his transfer on 19 Apr 11.  The complete response is at Exhibit E.  

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.   Moreover, we note the AF/A1P memorandum dated 29 Sep 16 for prior service enlistment grade clearly states the effective date for the policy change is 1 Oct 16 and the applicant transferred from the ANG to the Regular Air Force on 19 Apr 11.  His AF Form 3006, also clearly states he understood he was enlisting in the Regular Air Force for a period of 4 years in the pay grade of SSgt.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04742 in Executive Session on 28 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, w/atchs, dated 25 Sep 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 25 Jul 18.
Exhibit E:  Applicant’s response, w/atchs, dated 3 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.