RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02017

							COUNSEL:

							HEARING: NO

APPLICANT’S REQUEST.  

1.   He be promoted to E-3 based on meeting the critical skills requirement for his Air Force Specialty Code (AFSC) (administratively corrected). 

2.  His NGB Form 22, Report of Separation and Record of Service, be corrected to show E-3 with a date of rank (DOR) of 6 Jun 15; and he receive appropriate back-pay.

APPLICANT’S CONTENTION.  He originally enlisted on 1 Nov 14, but was put on medical hold prior to departing for basic training.  He was then discharged due to being unable to attend basic training within a year of his injuries.  Months before his discharge he gave his high school diploma to his recruiter, which would have ensured his DOR to E-3 reflect 6 Jun 15.  However, his diploma was not file, so he came in as an E-1 on 24 Apr 16, even though his reenlistment contract reflected E-3.

STATEMENT OF FACTS.  The applicant is currently serving as an airman first class (E-3) in the Air National Guard, with a DOR of 2 Sep 15.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  NGB/A1PP recommended granting the application.  

NGB agrees the applicant should have entered as E-3, and has administratively corrected his rank and DOR in the system.  They have also been working with the applicant’s servicing Force Support Squadron (FSS) to submit documentation to Defense Finance and Accounting Services (DFAS) to correct his pay.  NGB recommends the NGB Form 22, for 1 Feb 16, be corrected to reflect rank of A1C, pay grade of E-3, and DOR of 6 Jun 15.

However, between 6 Jun 15 and 31 Jan 16 (his separation date from his first enlistment), the applicant should have been credited with 7 months, 3 weeks, and 4 days of service towards his DOR upon his reenlistment.  Based on this prior service credit his new DOR for E-3 is calculated as 2 Sep 15.

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 14 Feb 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

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 the victim of an error or injustice.  The Board concurs with NGB/A1PP and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show his NGB Form 22, Report of Separation and Record of Service, in conjunction with the 1 February 2016 discharge, Item 5a, Rank, E-3; Item 5b. Pay Grade, A1C; and Item 6, Date of Rank, 15 Jun 06.

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 AFBCMR Docket Number BC-2017-02017 in Executive Session on 20 Mar 18:

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

Exhibit A:  DD Form 149, w/atchs, dated 29 Mar 17.
Exhibit B:  Excerpts from Personnel Records.
Exhibit C:  Advisory, NGB/A1PP, w/atchs, dated 22 Dec 17.
Exhibit D:  Letter, AFBCMR, dated 14 Feb 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.