RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00855

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1. His Initial entry grade be changed from airman basic (E-1) to airman first class (E-3) with a date of rank (DOR) of 12 Mar 19.

2. He receive all back pay and allowances associated with his corrected grade and DOR.  

APPLICANT’S CONTENTIONS

He completed his Bachelor’s degree in 2009 and should have joined the Air Force as an E-3 in 2019. However, his degree was from a foreign institute and required verification by the World Education Services (WES) in order to obtain education service credit.  Therefore, he could only enter as an E-1.  On 9 Nov 20, he finally received verification of his Bachelor’s degree and while his record was updated a few weeks later, the delay in the evaluation of his credentials precluded him from obtaining the correct entry grade.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force senior airman (E-4).

In 2009, according to WES verification documents (dated 9 Nov 20) provided by the applicant, he received the equivalent of a Bachelor’s degree from a foreign university.

On, 27 Feb 19, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Regular Air Force.

On 18 Jul 19, according to a Report on Individual Personnel (RIP), the applicant arrived at his first duty station.  The RIP also shows that the applicant received his Bachelor’s degree in 2012.  

According to Reserve Airman Grade History report, the applicant assumed the following grades/ranks while in service:

Grade	Date of Rank	
E-4	  12 Mar 22	
E-3	  12 Jul 20	
E-2	  12 Sep 19	
E-1	  12 Mar 19	

On 9 Nov 20, the WES verified the applicant completed the equivalent of a Bachelor’s degree in 2009, at a foreign university.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

Air Force Manual (AFMAN) 36-2032, Military Recruiting and Accessions, Table 3.1, Note 1a; Air Force Recruiting Service Instruction 36-2001, Recruiting Procedures for the Air Force, Table 2.1, Note 11.3.  Airman have up to one year after arrival at their first permanent duty station to apply for grade correction.  If the applicant was educated in a school outside the United States education system, then a letter of evaluation from an accredited credentials evaluation agency is acceptable.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  There is no evidence of an error or injustice regarding the applicant’s initial grade because he did not provide the Letter of Evaluation from one of the accredited Evaluation Agencies.  In accordance with AFMAN 36-2032, Table 3.1, Note 1a, “RegAF Airman have up to one year after arrival at their first permanent duty station to apply for a grade correction if an error exists.” On 18 Jul 19, the applicant in-processed with the gaining Military Personnel Flight; however, he did not receive the credential evaluation until 9 Nov 20.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 30 Mar 22 for comment (Exhibit D), and the applicant replied on 5 Apr 22.  In his response, the applicant contended he followed his recruiter’s instructions to correct his education record when he arrived at his first duty station.  On 9 Nov 20, he received his education credential evaluation after COVID-19 restrictions at the facility caused a delay in the delivery.  On 6 Feb 21, his education record was updated by the Base Education Office to reflect a Bachelor’s degree in 2012.  He is requesting the correction so that subsequent promotion dates would result in a 12 Sep 21 effective date for E-4.

In support of his response, the applicant provides a letter from his supervisor who confirms that when the applicant entered the service he was working to get his foreign degree accredited by the United States.  He also admitted that as his supervisor, he was unaware the applicant was eligible to apply for correction to his grade and recommended it be corrected to reflect he entered the Air Force with his Bachelor’s degree.

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP2LT against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The board noted on 18 Jul 19, the applicant in-processed his first duty station and initiated the process to verify the Bachelor’s degree he received in 2012.  However, COVID-19 restrictions at the facility delayed receipt of the applicant’s WES verification.  While, the delay resulted in the applicant receiving the verification on 9 Nov 20, which was past the one year suspense outlined in AFMAN 36-2032, the Board finds it to be no fault of the applicant.  Furthermore, the Board believes that the applicant’s recruiter failed to properly advise him on the process and also notes the letter from the applicant’s supervisor who also admitted he did not understand the process and recommended the correction to the applicant’s grade.  Moreover, the Board recognizes that a correction to his initial entry grade to E-3 would have affected his eligibility for an earlier promotion to the grade of E-4.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: 

	a. On 12 Mar 19, he enlisted in the Regular Air Force in the grade of airman first class (E-3) rather than airman basic (E-1).

	b. He was promoted to the grade of senior airman (E-4) with a date of rank and promotion effective date of 12 Sep 21, rather than 14 Mar 22.

	c. He receive all back pay and allowances associated with the corrected promotion effective dates and dates of rank.

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-2022-00855 in Executive Session on 30 Jun 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2LT, w/atchs, dated 29 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 30 Mar 22.
Exhibit E:	Applicant’s Response, w/atchs, dated 5 Apr 22.

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