RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00206
				INDEX CODE:   128.00

	APPLICANT	Counsel:  None

	SSN		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to change his pay grade from O-1 to O-1E and to receive back pay as O-1E from 26 May 00.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He is eligible for the pay grade status of O-1E.  It was his understanding that in order to be eligible for O-1E pay, a service member must be enlisted for four years.  He served in the Army as enlisted member for three years and served four years and eight months in the Army Reserve.  He was accepted in the Air Force (AF) Officer Training School (OTS) where he attended for three months and was commissioned.  He was also included in the Early Entry Program for five months before going to basic training.  The AF recruiter informed him that he would receive O-1E pay after he graduated from OTS.  The finance office contacted him at OTS and informed him that his O-1E pay would start at his forwarding unit.  He has not received pay as an O-1E.

Applicant's complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

A review of the applicant's records indicates he has 3 years of active service in the Regular Army and 3 months and 2 days of active service in the Army Reserve; and 2 months and 27 days on active duty attending OTS.  He has a total of 3 years and 6 months of active duty enlisted service.  He is currently serving on active duty in the grade of second lieutenant.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAOR states in accordance with the DOD Financial Management Regulation, Volume 7A, paragraph 010301, service on active duty or active duty training for at least 4 years and 1 day satisfies the over four years of service requirement for O-1E pay.  The applicant is not eligible to receive O-1E pay; he has not met the requirement for service over 4 years.  Based on the above they recommend denying the applicant's request (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 Mar 02, for review and response.  As of this date, no response has been received by this office.  

_________________________________________________________________

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 did not meet the requirement of having served on active duty 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 02-00206 in Executive Session on May 22, 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAOR, dated 26 Feb 02.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 02.

						.