RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03848 INDEX CODE: 112.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Date of Rank (DOR) to the grade of senior airman (SrA/E-4) should be 11 June 1991 rather than 11 March 1992. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Air Force Pamphlet (AFPAM) 36-2241, paragraph 15.41.2 promotes members from airman first class (A1C/E-3) to SrA with either 36 months of time-in-service (TIS) and 20 months of time-in- grade (TIG) or 28 months of TIG, whichever occurs first. Since the lowest rank he held was A1C, he should have been promoted at the 28 months of TIG and not the 36 months of TIS date. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant has a Total Active Federal Military Service Date (TAFMSD) of 11 March 1989. He was promoted to the grade of A1C with an effective date and DOR of 13 February 1990. He was subsequently promoted to the rank of SrA with an effective date and DOR of 11 March 1992. He was considered and selected for promotion to the grades of staff sergeant (SSgt/E-5) (cycle 98E5) and technical sergeant (TSgt/E-6) (cycle 06E6) with DORs of 1 September 1998 and 1 August 2006, respectively. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOE recommends denial of the applicant’s request to correct his SrA DOR to 11 June 1991 because he would not have met the minimum TIS/TIG eligibility requirements to have been promoted at that time. If they use the 28 months TIG as the applicant requests, his DOR to SrA would be 13 June 1992—not 11 June 1991 as he suggests (13 February 1990 + 28 months). Since he would have completed 36 months TIS on 11 March 1992, that would become his SrA DOR since that date is before the 28 months TIG of 13 June 1992. The applicant’s TAFMSD was adjusted/corrected to 11 March 1989 and his DOR to SrA was adjusted/corrected to 11 March 1992, 36 months TIS. The applicant was considered for promotion to the grade of SSgt during cycle 94E5, his first time eligible. He would not have been considered for promotion to SSgt any earlier based on the change to his DOR of 11 March 1992 due to insufficient TIG. They are uncertain as to how the applicant arrived at the 11 June 1991 date, but assume he is adding the 28 months TIG requirement to his TAFMSD. This would actually be 11 July 1991— not 11 June 1991. However, TIG requirements are not added to a TIS date. The complete AFPC/DPSOE 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 4 December 2009 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. 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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in 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-2008-03848 in Executive Session on 10 August 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Oct 09. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 12 Nov 09, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 4 Dec 09. Panel Chair