RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00978
		INDEX CODE:  113.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Entered Active Duty (EAD) date be changed from 15 Dec 95 to 6 Jul 88.
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APPLICANT CONTENDS THAT:

His current EAD date reflects the date he transferred from the active United States Army (USA) to the active United States Air Force (USAF).  He entered active USA on 6 Jul 88 until 14 Dec 95.  On 15 Dec 95, with no break in service, he entered active USAF.  He believes that his records showing 15 Dec 95 as his EAD date does not accurately reflect his service to the United States military.

In support of his request, the applicant submits copies of his DD Form 214 and Special Order AGA-020, dated 22 Nov 95, reflecting his interdepartmental transfer.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) reveals the applicant’s Total Active Federal Military Service Date (TAFMSD) as 6 Jul 88.

Information extracted from applicant’s submission reveals prior active duty service with the United States Army (USA) during the period 5 Jul 88 - 14 Dec 95.  On 14 Dec 95, he was released from active duty under the provision of AR 614-120 (Interdepartmental Transfer).  At the time of applicant’s separation from the USA, he was serving in the grade of captain (O-3) and had a total of seven years, five months and nine days of active duty service.  In accordance with Special Order AGA-020, dated 22 Nov 95, the applicant was transferred from the USA to the USAF in the grade of captain, with a date of rank of 1 Aug 92.  As a result of this transfer, the applicant incurred a four year active duty service commitment (ADSC).

On 15 Dec 95, the applicant was appointed a captain (O-3), Reserve of the Air Force.  He was integrated into the Regular Air Force on 25 Jun 00.  He is currently serving on active duty in the grade of major, with an effective date and date of rank of 1 Jun 00.
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AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends the application be denied.  DPPAO states that the EAD date of a Reserve officer who transfers to the USAF while on EAD with another service is the date the officer is ordered to EAD with the USAF.  Based on the governing Air Force instruction, the applicant’s EAD date was established correctly.  The HQ AFPC/DPPAO evaluation, with attachment, 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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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.  His contentions are duly noted.  However, we agree with the opinion and recommendation of the appropriate Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  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-2003-00978 in Executive Session on 8 July 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 14 Apr 03, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 03.

                                   
                                   Panel Chair