RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00850
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her Date of Rank (DOR) to the grade of airman first class (E-3) be changed from 19 Apr 01 to 7 Mar 00.
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APPLICANT CONTENDS THAT:

She changed services from Reserve to active duty with no break in service.  She has not served as a Reservist.  She immediately entered active duty after her technical training.  She was not awarded any time for the 9 months and 16 days she served on active duty while performing technical training, which would affect her DOR.

In support of her request, the applicant submits copies of her enlistment oath, DD Forms 214 and 215, ANG/USAFR Point Credit Summary and additional documents associated with the issues cited in her contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted her enlistment in the Air Force Reserve on 7 Mar 00 for a period of six years in the grade of airman first class (E-3), with a DOR of 7 Mar 00.  On 23 May 00, while in Reserve status, she entered active duty to complete military training courses.  On 8 Mar 01, she was released from active duty and transferred to the Air Force Reserve under the provisions of AFI 36-3209 (Completion of Initial Active Duty Training (non-prior service Reservist).  She had completed a total of 9 months and 16 days of active service and 2 years and 15 days of prior inactive service.  On 18 Apr 01, she was relieved from her Reserve assignment and honorably discharged.  On 19 Apr 01, the applicant enlisted in the Regular Air Force for a period of four years in the grade of E-3.  Applicant is currently serving on active duty in the grade of E-3, with an effective date and date of rank (DOR) of 19 Apr 01.
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AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends the application be denied. DPPAO states the applicant signed Air Force Form 3006, Enlistment Agreement, on 19 Apr 01 stating that her Date of Rank (DOR) would be her date of enlistment if she never served in the Regular Air Force.  Air Force Instruction 36-2604, Service Dates and Date of Rank, stipulates that “Airmen in the following categories receive a DOR equal to the date of enlistment in the RegAF: Non-prior service enlistees (members who have served less than 24 months total active federal military service) or former members of any regular component enlisting on or after their 4th anniversary of their adjusted Date of Separation (DOS) or in a pay grade higher than the grade held at separation from a Regular component due to promotion while serving in a Reserve component, provided they meet the Total Active Federal Military Service (TAFMS) criteria in grade.”  Based on the governing Air Force instruction, the applicant’s Date of Rank is correct.  The HQ AFPC/DPPAO evaluation, with attachments, 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 applicant on 25 Apr 03 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request for additional information concerning a 23 Jan 02 HQ AFPC/DPPAEQ e-mail the applicant submitted, HQ AFPC/DPPAE provided the following advisory opinion.

HQ AFPC/DPPAE recommends the application be denied.  DPPAE states that on 4 Nov 01, HQ AFPC/DPPAEQ (Enlisted Accessions) received a request from the applicant to confirm her DOR.  On 22 Jan 03, the supporting Military Personnel Flight (MPF) was informed that the 19 Apr 01 E-3 DOR was correct.  On 23 Jan 02, an E-8 from applicant’s duty location contacted DPPAE several times to determine the DOR.  In an effort to provide an interim response while the DOR Subject Matter Expert (SME) performed wartime duties, incorrect information was provided to the E-8 (23 Jan 02 e-mail provided by applicant).  Although the e-mail incorrectly states “She is authorized ½ of her initial date of rank,” the referenced Air Force Instruction (AFI) is correct.  The e-mail further identified that “Again, this is an approximation for adjustment…(name of AFPC SME authority) can look it over and make needed adjustments.”  Upon the SME’s return that afternoon, an e-mail was sent (23 Jan 02) to the E-8 identifying the error in the interim response and confirmed the 19 Apr 01 DOR was correct.  Since the applicant did not submit a copy of the SME’s response, a copy is provided for the Board’s consideration.

DPPAE indicates that to qualify for a DOR adjustment, the grade must have been earned from a Regular component.  On 19 Apr 01, the applicant had 9 months and 16 days Total Active Federal Military Service (TAFMS) and had never served in a Regular component.  Counter to the applicant’s claim of having never served in the Reserve, the applicant was a Reservist, serving on a Reserve enlistment contract, and at the time she attended basic military training and technical school, she was a Reservist serving on active duty orders, published by the Reserve.  The time served on her Reserve training orders is creditable toward TAFMS, not DOR.  The applicant did not provide documentation to support her claim she had previously served as an E-3 in a Regular component.  The applicant’s DOR was computed in a fair and equitable manner, within the governing directives, and based on the terms of her enlistment contract.  The HQ AFPC/DPPAE evaluation, with attachment, is at Exhibit E.
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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 18 Jul 03 for review and response.  As of this date, no response has been received by this office (Exhibit F).
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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.  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 recommendation of the appropriate Air Force office (HQ AFPC/DPPAE) and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice.  In this respect, we note that the applicant was a member of the Air Force Reserve during the time she was attending technical training on active duty.  Inasmuch as she was not serving in a Regular component during the period under review, she does not meet the requirements for a DOR adjustment.  With regard to the 23 Jan 02 HQ AFPC/DPPAEQ e-mail provided by the applicant, we note that the office of primary responsibility immediately notified the appropriate individual of the inaccurate interim e-mail response and confirmed the applicant’s 19 Apr 01 DOR as being correct.  In view of the above and absent evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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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 BC-2003-00850 in Executive Session on 8 July 2003 and 4 September 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 16 Apr 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 03.
   Exhibit E.  Letter, HQ AFPC/DPPAE, dated 14 Jul 03, w/atch.
   Exhibit F.  Letter, SAF/MRBR, dated 18 Jul 03.

                                   
                                   Panel Chair