RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01782
INDEX CODE:  102.05
	XXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His date entered active duty (EAD) in the Air Force be changed from 11 January 2001 to 13 January 2001 and he be paid pay and allowances for 13-14 January 2001.  

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APPLICANT CONTENDS THAT:

He was discharged from the United States Marine Corps (USMC) to accept a Regular Air Force (RegAF) commission in the United States Air Force (USAF).  He was selected for officer training school (OTS) to report on 16 January 2001.  Because he elected to drive to Maxwell AFB from his home in North Carolina, he was entitled to two days POV travel.  Reporting on 16 January 2001 and traveling two days from North Carolina put his earliest swear-in date as Sunday, 14 January 2001. Since the Military Enlistment Processing Station (MEPS) was not open on the weekend and was also closed Friday, 12 January 2001 due to the observance of Martin Luther King Holiday, he swore in on 11 January 2001.

It was already too late to have the Marine Corps approve a request for an earlier discharge, so he swore-in early not realizing that it could later cause him a problem.  His discharge from the Marine Corps was 12 January 2001.  

In support of his application, he provides a personal statement, his enlistment and discharge documentation from the Marine Corps and his enlistment documentation for the Air Force.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 11 April 1988, the applicant enlisted in the Regular USMC at the age of 20 in the grade of private for a period of four years.  He was progressively promoted to the rank of staff sergeant (E‑6).  He was honorably discharged from the USMC, effective 12 January 2001 to accept a commission in another branch of the service.

On 11 January 2001, the applicant enlisted in the Regular Air Force in the grade of technical sergeant (E-6) and was voluntarily ordered to extended active duty (EAD) on that same date for a period of 120 days to attend Officer Training School (OTS) with a reporting date of 16 January 2001.  On 4 April 2001, the applicant was discharged from enlisted status and, on 5 April 2001, he was appointed a second lieutenant, Reserve of the Air Force, and was voluntarily ordered to EAD on that same date.

Examiner’s Note:  The Defense Finance and Accounting Service (DFAS) confirmed the applicant was picked-up for pay purposes with the USAF effective 15 January 2001.  The Marine Corps paid the applicant through his discharge date, 12 January 2001.

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AIR FORCE EVALUATION:

AFPC/DPPAEQ conducted a review of the applicant’s case file and recommends the applicant’s request be denied.  The applicant signed his Regular Air Force enlistment contract and took the oath of office on 11 January 2001.  The date of separation (DOS) with the USMC was administratively established to support his Regular Air Force commission.  An administrative change to the USMC’s DD Form 214 is a practice not uncommon between branches of service during interservice transfers.  The AFPC/DPPAEQ evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he requested a DD Form 215 with the correct discharge date from the Marine Corps; however, his request was refused.  Because his DD Form 214, discharge certificate, plaques, mementos and photos reflect his discharge on 12 January 2001, he respectfully requests consideration of his request for sentimental reasons as well as the ease of working with his current military branch.  He again requests back pay and entitlements for 13‑14 January 2001.  The applicant’s rebuttal with attachments is at Exhibit E.

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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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action.  After reviewing the applicant’s submission, we believe that an injustice has occurred in the establishment of his date that he entered active duty.  The applicant was discharged from the Marine Corps on 12 January 2001.  The recruiter at the MEPS convinced the applicant to take the Air Force Oath of Office on 11 January 2001 because the MEPS would be closed 12-15 January 2001 in observance of the Martin Luther King Holiday.  We feel the recruiter misguided the applicant by not telling him of the potential consequences of taking the Oath of Enlistment early.  If the applicant had been advised early enough, he may have been able to adjust his separation date from the Marine Corps to accommodate the closing of the MEPS and his OTS reporting date of 16 January 2001.  In order to rectify any potential injustice, we believe any doubt in this matter should be resolved in the applicant’s favor and conclude that the date he entered active duty be changed to 13 January 2001.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he enlisted in the Regular Air Force in the grade of Technical Sergeant on 13 January 2001, rather than 11 January 2001; and that his date of entry on active duty in the Regular Air Force is 13 January 2001, rather than 15 January 2001.

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The following members of the Board considered this application in Executive Session on 6 February 2002, under the provisions of AFI 36‑2603:

Vice Chair
Member
Member

The following documentary evidence for AFBCMR Docket Number 02‑01782 was considered:

     Exhibit A.  DD Form 149, dated 8 May 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAEQ, dated 3 Oct 02.
     Exhibit E.  Applicant’s Rebuttal, dated 2 Jan 03

                                  
                                  Vice Chair

AFBCMR 02-01782

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXXXXXXXXXXXX, be corrected to show that he enlisted in the Regular Air Force in the grade of Technical Sergeant on 13 January 2001, rather than 11 January 2001; and that his date of entry on active duty in the Regular Air Force is 13 January 2001, rather than 15 January 2001.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency