RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04091 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show that: 1. His Date of Rank (DOR) and effective date for the rank of Senior Airman (E-4) reflect 1 Feb 11, instead of 28 Sep 11. 2. He receive back pay from 1 Feb 11 to 28 Sep 11. ________________________________________________________________ APPLICANT CONTENDS THAT: The seven months he waited from the time of his disenrollment from the U.S. Air Force Academy (USAFA) until his accession into the Air Force constitutes a great injustice. Through no fault of his own, he was forgotten. During this inordinate delay, he was considered an active airman in the Air Force, was subject to the Uniform Code of Military Justice (UCMJ), yet received no pay. He has lost seven months of his life that he could have spent attending college or working. In support of his appeal, the applicant provides copies of Disenrollment Orders from USAFA, and AF Form 899, Request and Authorization for Permanent Change of Station--Military. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. Therefore, there is no need to recite these facts in this record of proceedings. ________________________________________________________________ AIR FORCE EVALUATION: HQ USAFA/A1A recommends denial, indicating there is no evidence of an error or injustice. On 31 Jan 11, the applicant was disenrolled from USAFA and placed in a Leave Without Pay status while awaiting a decision from the Secretary of the Air Force (SecAF) as to whether he would be ordered to active duty, or required to reimburse the government for the cost of his USAFA education. He departed the USAFA on 9 Feb 11 in a “leave without pay” status to await the SecAF’s decision. On 13 Jun 11, the SecAF directed the applicant to be transferred to the Air Force Reserve in an enlisted status and ordered to active duty for a period of three years. On 26 Sep 11, AFPC published his extended active duty (EAD) orders. All of this was accomplished IAW applicable governing guidance. Once the determination was made that he would be serving on active duty, HQ AFPC classified him with an enlisted AFSC, provided him an assignment and training dates, and determined his DOR and effective date IAW established guidelines. He was in leave without pay status from the day he departed USAFA until he reported for EAD. During this period he was not performing any duty in an official capacity for the Air Force and should not be entitled to any back-pay. Likewise, this period of time should not be counted as active duty time for pay, time in service, or retirement purposes. A complete copy of the USAFA/A1A evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Dec 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. 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 Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04091 in Executive Session on 3 May 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Oct 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ USAFA/A1A, dated 24 Nov 11. Exhibit D. Letter, SAF/MRBR, dated 16 Dec 11.