RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02147
		INDEX CODE:  102.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His grade upon entry into the Air Force be corrected to reflect technical sergeant (E-6), rather than staff sergeant (E-5).

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APPLICANT CONTENDS THAT:

He was promoted to E-6 in the Army on 1 Apr 94.  When he transferred to the Air Force, the recruiter informed him he had to wear E-6 for five years in order to keep the rank when enlisting in the Air Force.  He received a waiver to reenlist and his enlistment rank should have been E-6 in accordance with AFI 36-2002.  

In support of his request, applicant provided a copy of his DD Form 214, an extract from AFI 36-2002, and documents extracted from his Army personnel records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Army on 13 Sep 89 and was progressively promoted to the Army grade of staff sergeant (E-6), having assumed that grade effective and with a date of rank of 1 Apr 94.  He was honorably discharged on 25 May 96 after serving 6 years, 8 months, and 13 days on active duty.  He enlisted in the Regular Air Force on 7 Nov 02, in the grade of staff sergeant (E-5).

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states the applicant signed a contract stating he understood the terms of his enlistment agreement.  AFI 36-2002, clearly states the minimum total active federal military service (TAFMS) required for enlistment in a higher pay grade than last held in the Regular Air Force or when the last Regular component was non-USAF for E-6 is 10 years.  He does not have the 10 years TAFMS.  The DPPAE evaluation is at Exhibit C. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Aug 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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 that would warrant corrective action.  We took notice of the applicant's complete submission in judging the merits of the case.  However, after a thorough review of the evidence of record, it appears that his entry grade was correctly computed in accordance with the governing directives.  We do not find his uncorroborated allegations of miscounseling sufficiently enough to lead us to believe he is entitled to any additional grade credit.  Therefore we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as basis for our conclusion that he has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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; 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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02147 in Executive Session on 28 Sep 04, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 3 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.