RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02910	
		INDEX CODE:  102.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her Total Active Federal Military Service Date (TAFMSD) be changed to reflect 22 Aug 88, rather than 22 Aug 94 so that she can retire in 2008, rather than 2014.

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APPLICANT CONTENDS THAT:

Prior to entering active duty she served in the Army National Guard for 18 years.  Her recruiter told her that she would receive 8 years credit for the time she served in the Guard.  However, she only received 2 years credit for the time she served.  If she had known she would have had to serve an additional 18 years to retire she would have stayed in the Guard.  She was only a few years away from retirement in the Guard.  

In support of her request, applicant provided a personal statement, Statements of Service, and documentation associated with her appointment into the Air Force, a personnel data system printout, and a copy of her point history statement.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Army National Guard on 14 Sep 77 and was discharged on 27 Nov 88.  She was appointed a second lieutenant in the Army National Guard on 28 Nov 88 and was discharged from the Army National Guard on 15 Jul 96.  On 16 Jul 96, she was appointed a captain, Reserve of the Air Force and was voluntarily ordered to extended active duty on 29 Jul 96.  

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AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial.  DPPAO states that the applicant's TAFMSD was computed correctly in accordance with AFI 36-2604.  Table 1, Rule 1, states "when there is no break in AD from date of original entry on active duty, the TAFMSD is the date of original entry on active duty, when there is a break in active duty, the TAFMSD is later than the date of original entry on AD by a period equal to the break or breaks.  Does not include AD while a student at Uniformed Services University of Health Sciences of Health Professions Scholarship Program.  Includes concurrent enlisted cadet status and solely cadet status at a service academy for airmen only."  The DPPAO evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the problem is not with computing her TAFMSD correctly; the problem is not having been provided with the correct information by the Air Force Recruiter.  Her complete submission is at 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we do not find her uncorroborated assertion of miscounseling sufficiently persuasive to override the rationale provided by the Air Force.  It appears that her TAFMSD was computed correctly upon her appointment and we see no evidence which would lead us to believe that she is entitled to any additional service credit.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of 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 AFBCMR Docket Number BC-2003-02910 in Executive Session on 13 Nov 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Aug 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAO, dated 1 Oct 03, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Oct 03.
    Exhibit D.  Letter, Applicant , dated 28 Oct 03.