RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03594
				INDEX CODE:   128.00

				Counsel:  None

				HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he served four years and one day of active enlisted service, thus making him eligible for an 0-1E pay entitlement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He took time off work to see a Naval Physician while on contract.  He was compensated for this trip.  He also spent four weeks at field training.  Therefore, this should put him over the four year mark, thus making him eligible for O-1E pay.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Delayed Entry Program on 4 May 93 and entered active duty on 29 Jul 93.  He served on active duty for four years.  He was transferred to the reserves and discharged to attend Air Force Reserve Officer Training Corps on 25 Sep 98.  The applicant was commissioned on 9 Jun 00 and entered active duty on 6 Aug 00.  He is currently serving on active duty in the grade of second lieutenant.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO states that upon entry to active duty an AF Form 1613, Statement of Service, was accomplished.  The Department of Defense Financial Management Regulation (DODFMR) states that effective 20 May 58, a commissioned officer in pay grades O-1, O-2, or O-3, who is credited with over four years (i.e., at least 4 years and 1 day prior active service as an enlisted member) is entitled to the special rate of basic pay for pay grade O-1E, O-2E, or O-3.  DPPAO recommends the applicant's request be denied based on the governing directives, and that the applicant's pay date was computed correctly (Exhibit C).

HQ USAF/JAG states the applicant served exactly four years on active duty as an enlisted member.  The applicant was discharged and transferred to the indefinite reserves and served no more active duty time.  The applicant was discharged and entered the Air Force Reserve Officer Training Corps (AFROTC).  This is significant because his four weeks of field training was as a ROTC cadet and not as an enlisted member.  He was commissioned as a second lieutenant upon completion of AFROTC and began receiving pay as an O-1 with over four years of service as opposed to an O-1 with over four years of enlisted service.

The Uniformed Services Pay Act of 1958 intended for service members, who are commissioned as an officer to receive special pay as O-1E providing the member served at least four years and a day of enlisted service.  This was enacted to ensure that the enlisted member upon commissioning would not be put in a position of receiving a reduction in basic by accepting the commission.  The special pay category was created for service members in grades O-1 through O-3 with more than four years of prior active duty enlisted service.

The applicant feels that since he is one day short for receiving the O-1E pay he feels is being deprived of receiving O-1E pay because of a technicality.  The applicant is not eligible to receive the pay as O-1E because he did not serve over four years of enlisted service.  He alleges he was compensated for a visit to a naval physician, but did not provided any evidence to support his allegation.

JAG recommends the requested relief be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 25 Jan 02 and 21 Mar 02, respectively, for review and response.  As of this date, no response has been received by this office (Exhibit E).  

_________________________________________________________________

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 the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  The applicant has not provided any evidence in support of his request.  The applicant did not meet the requirement of having served on active duty as an enlisted member for over 4 years to be eligible to receive O-1E pay.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 01-03594 in Executive Session on May 22, 2002, under the provisions of AFI 36‑2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Dec 01.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 17 Jan 02.
   Exhibit D.  Letter, HQ USAF/JAG, dated 18 Mar 02.
   Exhibit E.  Letters, SAF/MRBR, dated 25 Jan 02.