RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00656
		INDEX CODE:  135.00, 102.00

	XXXXX	COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He be credited for some of the time he served in inactive status and that he be given an age waiver for commissioning as an officer.

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APPLICANT CONTENDS THAT:

His Air Force career was shattered early during his active duty period, when his commander gave him a discharge that barred him from reenlisting, despite an immaculate record at the time.  He has paid a great sacrifice for his career, one being that he is now past the age to be a commissioned officer, which is what he has always wanted to be.  He later found out that he could have appealed the commander’s decision and served honorably in the Air Force Reserve until his discharge.

In support of applicant’s appeal, he submitted a personal statement and a copy of the Air Force evaluation from his previous AFBCMR Case File (90-02137) and the Board’s decision.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Nov 79 for a period of 4 years.  He was promoted to the rank of senior airman (SrA/E-4) with a date of rank and effective date of 1 Oct 82.  

A resume of applicant’s airman performance reports (APR) profile follows:

	      PERIOD CLOSING			OVERALL EVALUATION

			28 Nov 80							7
			28 Nov 81							9
			11 May 82							8
			27 Mar 83							9

He was honorably discharged under the provisions of AFR 39-10 on 23 Sep 83 with a reason for separation as FY 83 Early Separation Program—-Strength Reduction.  He received a reenlistment code of 2X (first term, second term, or career airman considered but not selected for reenlistment under the selective reenlistment program) and he was credited with 3 years, 9 months, and 23 days of active service.  

On 26 Oct 84, the Board considered and denied the applicant’s request to have is reenlistment eligibility (RE) code changed.

On 26 Sep 90, the Board directed his reenlistment eligibility code be corrected to show 1J (eligible to reenlist but accepts separation) issued in conjunction with his honorable discharge on 23 Sep 83.  This rendered him eligible for entry into the Air Force Reserve.  The applicant was in civilian status between 24 Sep 83 and 29 Jun 95.

He enlisted in the Air Force Reserve for six years on 30 Jun 95 and his Expiration Term of Service (ETS) was 29 Jun 01.

Applicant’s date of birth (DOB) is 4 May 1961.

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AIR FORCE EVALUATION:

HQ ARPC/DPA reviewed this application and recommended denial.  The applicant was granted relief by the AFBCMR on 26 Sep 90 and his reenlistment eligibility (RE) code was corrected to reflect a 1J (eligible to reenlist but accepts separation).  He enlisted in the USAFR for six years on 30 Jun 95 for a period of six years.  His ETS was 29 Jun 01.  

They state the minimum eligibility requirements for commissioning is that an applicant must have a baccalaureate or higher degree as outlined in AFI 36-2005, Appointment in Commissioned and United States Air Force, Para 2.1.5.  To apply for a Reserve commission the applicant must apply through an Air Force recruiter.  If eligible and accepted for a Reserve officer position, he may apply for an exception to age policy waiver.  If accepted for a line position the age limitation is less that 35 years old to be appointed as a second lieutenant; however, if accepted as a medical officer the age limitation is less than 47 years old for grades major and below.

In regards to compensation for inactive service time, they state that there is no legal means to provide for compensation.  The applicant is not entitled to any service credit or pay compensation between 24 Sep 83 and 29 Jun 95 because he had no military status.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Jul 02 for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant has requested that he be given an age waiver for commissioning as an officer.  However, after a review of the available evidence, it appears that he does not meet the minimum eligibility requirement for commissioning.  Specifically, he does not have a baccalaureate or higher degree as required by the governing instruction.  Furthermore, to apply for a Reserve commission, the applicant must apply through an Air Force Reserve recruiter.  If eligible and accepted for a Reserve officer position, he may then apply for an exception to age policy waiver.  We noted the applicant’s request for service credit or pay compensation for some of the time he served in an inactive status.  However, the law does not permit an individual to receive service credit and/or pay compensation for a period of service in which they were not serving in any military capacity.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of establishing the existence of either an error or an injustice warranting favorable action on his requests.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-00656 in Executive Session on 6 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Feb 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPA, dated 11 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jul 02.