RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02954
		INDEX NUMBER:  113.00
	XXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His extended active duty (EAD) order, Special Order A-2009, dated 1 May 02, be amended to change his effective date of duty from 17 Jun 02 to 16 Jun 02.

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APPLICANT CONTENDS THAT:

His Reserve Officer Training Corp (ROTC) instructor instructed him to arrive at his first duty station prior to 17 Jun 02 to ensure that he reported in on time.  Since he departed on 16 Jun 02, he was not paid for his travel time.

The applicant’s complete evaluation is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant through the ROTC on 19 May 02.  According to a copy of his extended active duty orders, Special Order A-2009, dated 1 May 02, he was ordered to extended active duty with an effective date on or about 17 Jun 02 and a report not later than date of 18 Jun 02.

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AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial of the applicant’s request.  Applicant entered active duty on 17 Jun 02, 29 days after commissioning in accordance with established Air Force policy.  However, applicant initiated travel on 16 Jun 02, prior to entering EAD.  The EAD order clearly outlines applicant’s reporting instructions in block 13, specifically, “Effective date of duty is on or after 17 Jun 02.  On or after this date, proceed and report no later than 0800 hours on 18 Jun 02 to the 24 Hour arrival point at….”

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responds to the Air Force evaluation by indicating that his EAD orders does not state how many approximate days it would take him to get to his assigned duty station.  He states that as a newcomer to the Air Force, the phrase “effective date of duty is 17 Jun 02” meant that his first day of work was 17 Jun 02 and so that is when he reported in.

The applicant states that travel regulations authorize one day of travel for distances up to 350 miles.  If there is an excess of 51 miles or more, you are authorized an additional day of travel.  Even though he misread his EAD orders, he should have been authorized two days of travel vice the one he was given.  Based on the requirement to report no later than 0800 on 18 Jun 02, he would have had to depart on 16 Jun 02.  Examiner’s Note:  AFPC/DPPAO advises that although applicant should have been given two travel days, he still departed before he was authorized.  They note that based on the applicant’s travel voucher, he only took one day to travel to his duty station.  They conclude that even if he had departed on 17 Jun 02, as authorized, he would have arrived prior to 18 Jun 02.

The applicant’s complete response 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.  The applicant asserts in his rebuttal to the Air Force evaluation that he should have been given two travel days vice the one he was given on his Extended Active Duty (EAD) orders.  The Board has confirmed that given the distance the applicant had to travel, he should have been given two travel days.  The Board notes that although the applicant completed his travel in one day, 16 Jun 02, one day before his authorized effective date of duty, 17 Jun 02, it is reasonable to assume that if the applicant had been given the two travel days he was entitled to, he would have commenced his travel on or after 17 Jun 02.  Although the applicant only needed one day to complete his travel, it appears that the incorrect travel days may have influenced the date that the applicant decided to depart.  We believe that any doubt should be resolved in the applicant’s favor and that he should be paid for the one day of travel that he used.  Therefore, the Board recommends that the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the DD Form 1351-2, Travel Voucher or Subvoucher, filed on 17 Jun 02, for travel under Special Order A-2009, dated 1 May 02, be amended to reflect that he departed Madison, Wisconsin on 17 Jun 02, vice 16 Jun 02, and arrived at Whiteman Air Force Base, Missouri on 17 Jun 02, vice 16 Jun 02.

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The following members of the Board considered Docket Number 02-02954 in Executive Session on 16 January 2003, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAO, dated 21 Oct 02.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
     Exhibit E.  Memorandum, Applicant, dated 5 Nov 02.