RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02665

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His pay date be changed from 7 October 1980 to 30 June 1980. 
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APPLICANT CONTENDS THAT:

He enlisted in the Naval Reserve on 30 June 1980 and was discharged on 16 June 1981.  The paperwork was dated 16 June 1981, the same date as the discharge.  When he came on active duty, they noticed the mistake and reaccomplished his paperwork for 24 September 1981, giving him no credit for his reserve time.  

In support of his request applicant provided a copy of his DD Form 1966, Application for Enlistment-Armed Forces of the United States, DD Form 13, Statement of Service, DD Form 4, Enlistment/Reenlistment Document, Reserve Order #118, dated 9 Sept 81, AF Form 2030, USAF Drug Abuse Certificate, Enlistment/Travel Order #192-1, 24 Sept 81, AF Form 3007, Enlistment Agreement (Non-prior service) and a certificate of Delayed Entry Program into the Navy.

Applicant's complete submission, with attachments, is an Exhibit A.
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STATEMENT OF FACTS:

Applicant is currently serving in the Regular Air Force in the grade of MSgt. Applicant’s payday is 7 October 1980 as of       25 August 2004.

On 30 June 1980, the applicant enlisted in the US Naval Reserve under the Delayed Program.  

On the applicant’s DD Form 1966, Application for Enlistment, it shows his date of entry (DOE) into the Air Force was 24 September 1981. Item 20c of the form, Pay Entry Date, was adjusted to read 23 October 1980 because the member did not have military status from the period 2 June 1981 through 23 September 1981 while on the Delayed Enlistment Program. The applicant enlisted into the Regular Air Force on 24 September 1981 for a period of four years and his Entry on Active (EAD) order (same date) from Baltimore Armed Forces Entrance and Examining Station, directed the applicant to report to Lackland Air Force Base, TX for basic training not later than 25 September 1981

Reserved Order 118, dated 9 September 1981, shows applicant was discharged from the USAFR on 16 June 1981.  

On 13 June 1981, the applicant signed AF Form 2030, USAF Drug Abuse Certificate, however, a subsequent Statement of Understanding was signed on 4 June 1981, showing it was a recertification.

On 16 June 1981, applicant signed DD Form 4, confirming his enlistment.  However, Section F of this form, Approval and Acceptance by Service Representative, is not completed.  There is no indication the applicant was in the USAF Delay Enlistment Program or that he was released from that program.

On 1 June 1981, a form from the Navy Recruiting Station in New Orleans, LA, shows that on 1 June 1981, the Navy determined that the applicant would be discharged from the USNR DEP and not recommended for reenlistment.  

An AF Form 1613, Statement of Service, was prepared by the Air Force on 28 October 1981, showing the applicant’s USNR enlistment date of 30 June 1980, USNR discharged on 16 June 1981, and his enlistment in the USAF on   24 September 1981.  This document is in error, as his discharge was actually 1 June 1981.  A new Statement of Service has been prepared to show the applicant’s correct discharge date and correct pay date as 22 October 1980.
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AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial and stated that the applicant submitted uncompleted and inconclusive documentation, which does not show that he was discharged from the USN DEP and enlisted in the USAF DEP on the next day, thereby having continuous military service since 30 June 1980.  AETCI 36-2002 clearly states “Applicants without any previous service are allowed to enter the DEP for 365 days.  Since the applicant had already entered the USN DEP, he was not authorized to enter the USAF DEP. Due to the break in service between the USNR and USAF, the applicant’s Pay Date is listed as 22 October 1980, and is correct.

AFPC/DPPAE complete evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated the attached documents for review prove that he had no break in service.  Attachment A has been written out to show how his DD Form 13 should look.  Attachment B shows his enlistment in the USNR on 30 June 1980.  Attachment C shows his discharge from the USNR effective 16 June 1981.  Attachment D shows his immediate reenlistment in the USAFR delay enlistment program.  Attachment E shows his release from the USAFR backdated to 16 June 1981.  It should reflect his discharge date as of 23 September 1981 versus 16 June 1981 as reflected on atch D.  Attachment F shows his entry on Active Duty 24 September 1981.  Attachment G Enlistment Travel Order 192-1 will show his entry on Active Duty as 24 September 1981 and his discharge from the USAFR effective 23 September 1981.  Documentation indicates beyond a doubt that he had no break in service.  He provided documentation to the AFBCMR that proves this fact; however, it appears it was overlooked in their initial evaluation.  He is asking for another review of these documents to have his pay date corrected to 30 June 1980.  

Applicant’s complete response, with attachments, is at Exhibit E.
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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 an error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his pay date should be changed. Applicant’s contentions are duly noted; however, we agree with the opinion of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion.  In this regard, we note the available documentation shows the applicant did not have military status for the period 2 June 1981 to 23 September 1981. Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend favorable consideration of his request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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-2004-02665 in Executive Session on 4 January 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 23 Aug 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPAOR, dated 24 Sep 04.
	Exhibit D.	Letter, SAF/MIBR, dated 8 Oct 04.
	Exhibit E.	Applicant's response, dated 22 Oct 04.