RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-02155
							INDEX CODE:  107.00
    							COUNSEL:  NONE

    							HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His date of rank and time in grade as an Airman First Class be reinstated.  
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APPLICANT CONTENDS THAT:

His work performance during his first enlistment did not start off well and he did not get along with his First Sergeant.  After some counselings and letters of reprimand, he realized he needed to shape up.  However, he was discharged with a General discharge.  The Air Force Discharge Review Board felt his discharge was in error and changed his discharge to Honorable, his reenlistment code and reason for discharge.  After several months he reenlisted in the Air Force and is currently in his prior service field of fuels apprentice.  During his prior service, he did not lose a stripe or receive an Article 15.  This is why he does not really think it's fair he should start with a new date of rank.  He is very motivated and excited about being back in and getting a good career going again.  Receiving his rank back would only enhance his motivation and his Air Force career.  He is aware the regulation states he must have been in 24 months in order to keep his original rank, but he is asking the Board to look at the fact that he didn't need to be kicked out and that he fought for two solid years to get his second shot. His track record so far has been very good and he will continue to prove he is a good troop.  

In support of his request applicant provides a personal statement, a copy of his DD Form 214, a copy of the AFDRB Board hearing record, and a copy of his Certificate of Enlistment with special orders.  

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

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STATEMENT OF FACTS:

On 3 July 2002, the applicant was honorably released from active duty in the grade of airman first class with a date of rank of 6 July 2001 and an effective date of 29 August 2001.  At the time of his discharge he had served 1 year, 1 month and 11 days on active duty.  He entered his most recent enlistment contract on 2 March 2004 in the grade of airman first class with a date of rank and effective date of 2 March 2004.  

On 24 April 2003, the Air Force Discharge Review Board reviewed and approved the applicant’s request that his discharge be upgraded to honorable, the reason for his discharge be changed to Secretarial Authority and his reenlistment code be changed to 3K.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied.  DPPAE states the applicant entered active duty on 2 March 2004 under the Prior Service Program and was aware of the prior service DOR policy.  The DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 September 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility that the applicant does not meet the criteria for a date of rank (DOR) or time in grade adjustment.  In this respect, it appears the applicant’s DOR for E-3 was calculated in accordance with the governing Air Force instruction in effect at the time he enlisted.  We have seen no evidence by the applicant showing he was treated differently than others similarly situated or that his DOR was contrary to the provisions of the governing instruction.  In the absence of such evidence, 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 this application in Executive Session on 14 December 2004, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2004-02155 was considered:

     Exhibit A.  DD Form 149, dated 20 Jul 04, w/atchs.
     Exhibit B.  Applicant’s Personnel Record.
     Exhibit C.  Letter, AFPC/DPPAE, dated 14 Sep 04.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.