RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00755
		INDEX CODE:  112.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The DD Form 4/1, Enlistment/Reenlistment Document, Armed Forces of the United States, be corrected to reflect his enlistment date in the Air Force Reserve (Obligated Reserve Section) for participation in the Air Force Reserve Officer Training Corps (AFROTC) was 19 Apr 02, rather than 22 Mar 02.

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APPLICANT CONTENDS THAT:

He was still on active duty performing his duties, as well as going to school, at the time of his enlistment in the AFROTC.  The transformation from the Army to the Air Force was a confusing time for all those involved with making this happen for him.  He believes mistakes were made in that confusion.

In support of his appeal, the applicant provided copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 4/1, and a letter from the Director, Army Board for Correction of Military Records (ABCMR).

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he enlisted in the Regular Army on 3 Jul 96.  

On 22 Mar 02, he enlisted in the Air Force Reserve (Obligated Reserve Section (OSR)) for the purpose of participating in the AFROTC at the University of Louisville.

Applicant was honorably discharged from the Regular Army on 18 Apr 02 under the provisions of AR 635-200 (Enter Officer Training Program).  He was credited with 5 years, 9 months, and 16 days.

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AIR FORCE EVALUATION:

AFOATS/JA recommended denial noting on 26 Feb 02, the applicant signed a DD Form 368 (Request for Conditional Release) to present and have signed by his releasing commander, who signed it on 28 Feb 02.  The DD Form 368 states in block 3c “I understand I will be discharged from my current status effective the day preceding the date of my enlistment or appointment.  They noted he enlisted in the Air Force Reserve (ORS) on 22 Mar 02.  According to AFOATS/JA, the applicant has not submitted sufficient evidence to substantiate his request.  They noted he tried to correct his DD Form 214 through the ABCMR and was told this would require him to pay back almost one month’s active duty pay.  The ROTC detachment submitted the proper paperwork to his previous Army unit, requesting the applicant’s date of separation (DOS) be effective the day before his enlistment into the Obligated Reserve Section (ORS).  In AFOATS/JA’s view, although the applicant will incur a debt to the Army, his DD Form 214 was not properly prepared and should be corrected by the Army to state he was released on 21 Mar 02.

A complete copy of the AFOATS/JA evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 9 Apr 04 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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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 warranting corrective action regarding the applicant’s request for a change in his date of enlistment in the Air Force Reserve (Obligated Reserve Section).  The evidence of record indicates the applicant enlisted in the Air Force Reserve on 22 Mar 02, yet continued to serve in the active duty Army until he separated on 18 Apr 04.  The applicant contends transferring from the active duty Army to the Air Force Reserve was a confusing time for him and others involved in the process, resulting in mistakes being made.  We also note the applicant attempted to have his records corrected by the Army to change his date of separation, but was advised such a correction would require him to pay almost one month’s active duty pay.  After a thorough review of the facts and circumstances in this case, we are of the opinion the applicant may not have been properly advised regarding his enlistment in the Air Force Reserve while still serving in the Army.  We believe any doubt concerning this matter should be resolved in favor of the applicant.  Accordingly, we recommend the applicant’s date of enlistment in the Air Force Reserve be changed from 22 Mar 02 to 19 Apr 02.  We further recommend that any indebtedness incurred as a result of the change in the date of his enlistment be waived.

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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 his date of enlistment in the Air Force Reserve (Obligated Reserve Section) was 19 Apr 02, rather than 22 Mar 02; and, that any indebtedness incurred as a result of the change in his date of enlistment be waived.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00755 in Executive Session on 18 May 04, under the provisions of AFI 36-2603:

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

    Exhibit A.  DD Form 149, dated 23 Feb 04, w/atchs.
    Exhibit B.  Letter, AFOATS/JA, dated 1 Apr 04.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Apr 04.

AFBCMR BC-2004-00755

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that his date of enlistment in the Air Force Reserve (Obligated Reserve Section) was 19 Apr 02, rather than 22 Mar 02; and, that any indebtedness incurred as a result of the change in his date of enlistment be waived.