RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-00743
				INDEX CODE:  107.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He receive back pay for 0-1E, 0-2E, and 0-3E for the periods he served within the officer grades from October 1982 to February 1995.  

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APPLICANT CONTENDS THAT:

When he separated from the Air Force in September 1980, he had 4 years of active duty.  The pay charts effective 1 October 1981 through 1 January 1984 state “applicable to officers with at least 4 years of active service as an enlisted member or as a non-commissioned warrant officer.”  He had exactly 4 years, yet when he came back on active duty in 1982, he was not paid the higher pay.  The pay charts for 1981 through 1987 state “with at least 4 years,” then in January 1988 the wording changed to “more than 4 years active duty.”  Then in July 2000 the wording changed again to “4 years and 1 day.”

In support of his application, he provided copies of his separation documents associated with his release from active duty on 15 September 1980 and copies of military Pay Charts effective during the years 1981, 1982, 1984, 1985, 1987, 1988 and 2000.  Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates that the applicant was appointed a second lieutenant, Reserve of the Air Force on 8 May 1982 and was voluntarily ordered to extended active duty on 20 October 1982.  His Total Active Federal Military Service Date was established as 20 October 1978 based on four years of prior enlisted service from 16 September 1976 to 15 September 1980.  He is currently serving on active duty in the grade of lieutenant colonel, with a date of rank and effective date of 1 June 2000.  

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AIR FORCE EVALUATION:

DFAS-POCC/DE recommends the application be denied.  DFAS-POCC indicated that, in accordance with Department of Defense Financial Management Regulation, (DoDFMR), Volume 7a, paragraph 010301B, a service member must have at least four years and one day of prior active service as an enlisted member to be entitled to the special rate for pay grades 0-1E, 0-2E, or 0-3E.  The DFAS-POCC/DE evaluation, with attachment, is at Exhibit C.

Pursuant to the Board’s request, USAF/JAA reviewed this application and recommends denial.  JAA states that the applicant’s enlisted service falls short of the four years required to qualify for 0-XE pay during his active service in the officer grades 0-1 through 0-3.  Applicant admits that he knew his pay was incorrect for nearly a quarter century, yet failed to exercise due diligence in pursuing his claim.  Based on a request for clarification, USAF/JAA determined that their research indicated that in order to receive 0-XE pay it required over four years active service as an enlisted member or warrant officer.  USAF/JAA evaluations are at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 April 2003, a copy of the DFAS-POCC-DE evaluation was forwarded to the applicant for review and comment.  As of this date, this office has not received a response.

On 30 July 2003, a copy of the USAF/JAA evaluation was forwarded to the applicant for review and comment (See Exhibit F).

On 22 August 2003, the applicant responded to the USAF/JAA evaluation by stating that it hasn’t been very long that pay charts from previous years have been available to view on a moments notice through the DFAS website.  As he was reviewing his career, he came across the pay charts with the different wording and based upon the wording when he was commissioned in 1982, he should have been paid under the 0-1E, 0-2E, 0-3E pay scale until he was promoted to major in 1995.  On 28 November 2003, the applicant stated that he is seeking this correction based upon justice.  As he has previously stated, he was reviewing his career and based upon the wording in the pay charts at the time of his commissioning, he should have been paid under the 0-1E, 0-2E, 0-3E pay scale (See Exhibit G).  

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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.  We took careful notice of the applicant’s complete submission in judging the merits of the case.  His contentions in this regard were noted; however, in our opinion, the Air Force offices of primary responsibility have adequately addressed these contentions and we are in agreement with their assessment of his case.  Therefore, in the absence of evidence to the contrary, we find no basis to grant relief.  

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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 Docket Number 03-00743 in Executive Sessions on 9 July 2003, 5 September 2003, and 15 December 2003 under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 24 Feb 03, w/atchs.
	Exhibit B.	Applicant’s Microfiche Military Personnel
				Records.
	Exhibit C.	Letter, DFAS-POCC/DE, dated 8 Apr 03 w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 25 Apr 03.
	Exhibit E.	Letters, USAF/JAA, dated 28 Jul 03 and 23 Oct 03.
	Exhibit F.	Letter, AFBCMR, dated 30 Jul 03 and 30 Oct 03.
	Exhibit G.	Applicant’s Letters, dated 22 Aug 03 and 
				28 Nov 03.

					
					Panel Chair