RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00774
		INDEX NUMBER:  115.01  121.03
	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

The Aviation Service Date (ASD) of 26 May 88 he was given after transferring from the Navy to the Air Force be changed to 14 Dec 87, the date he had before the transfer.

43.5 days of accrued leave be restored to his current leave account.

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APPLICANT CONTENDS THAT:

His ASD as indicated on his statement of service with the Navy was 14 Dec 87.  When he spoke to personnel in AFPC/DPAOY, Rated Analysis/rated Management, they had no Air Force Instruction that justifies the change in his ASD from 14 Dec 87 to 26 May 88.

He was not credited with the 43.5 days of accrued leave he had upon transfer from the Navy to the Air Force in accordance with AFI 36-2004, Interservice Transfer of Officers on the Active Duty List to the United States Air Force.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the Air Force in the grade of major.  He transferred from the Navy to the Air Force on 22 Dec 2001.  In addition to the requests indicated above, the applicant had also requested that his Entered Active Duty (EAD) date and his Officer Service Date (OSD) be corrected.  The Air Force has administratively corrected the applicant’s EAD and OSD.

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AIR FORCE EVALUATION:

AFPC/DPPAOR advised that the applicant’s EAD has been established as 22 Dec 01, his pay date as 14 Dec 87, and his Total Active Federal Military Service Date (TAFMSD) as 14 Dec 87.

The complete evaluation, with attachment, is at Exhibit C.

AFPC/DPSFM recommends that 43.5 days be restored to the applicant’s current leave account.

The complete evaluation is at Exhibit D.

AFPC/DPAOY recommends denial of the applicant’s request to change his ASD from 26 May 88 to 14 Dec 87.  Based on the guidance contained in AFI 11-402, para 3.11.1.1, the ASD is established based on the class starting date in the program flying training document.  For the Naval program this date is the Primary Phase of Training Report Date, which is recorded on an individual’s Naval Aviator Aviation Training Jacket Summary Card (CNATRA form 1542).  This date on the applicant’s CNATRA Form 1542 is 26 May 88.

The complete evaluation, with attachment, is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation by restating the corrections to his records he is requesting.  In regards to the CNATRA Form 1542 that has been used to determine his ASD, he states that the form is an unsigned document that he provided to AFPC/DPAOY based on their request.  The 26 May 88 date that AFPC/DPAOY recognizes as his ASD does not reflect the actual date he began training leading to an aeronautical rating.  The applicant provides copies of other documents, including his first Navy Leave and Earning Statement, that show his Aviation Commission Date as  14 Dec 87.  He also provides copies of his Navy LESs that show his previous entitlement to Aviation Career Incentive Pay (ACIP).

The applicant provides extracts from pertinent Air Force Instructions that he believes supports his entitlement to ACIP and his contention that his ASD is 14 Dec 87.  He requests that the Board grant him ACIP with interest from the date he entered the Air Force and grant him entrance into the Aviation Continuation Pay bonus program effective 22 Dec 01 with interest.

The applicant’s complete response is at Exhibit G.

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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 probable error or injustice regarding the applicant’s request to change his Aviation Service Date.  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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We note that while the Air Force Aviation Service Date differs from the applicant’s equivalent Navy date, all available evidence indicates that his Navy date is incorrect.  It would be improper for the Air Force to knowingly award the applicant an Aviation Service Date not computed according to the rules and regulations that would apply in any other similar case.  Therefore, we find no basis to recommend granting relief in this part of the applicant’s appeal.

4.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request to restore 43.5 days to his current leave account.  We accept the determination and recommendation from the Air Force that the applicant’s leave account should be corrected to restore these days.  We also note that, with the exception of his Aviation Service Date, all of the other requests by the applicant have been administratively corrected.

5.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 forty-three and one-half (43.5) days of leave were added to his account commencing 2 October 2001.

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The following members of the Board considered Docket Number 02-00774 in Executive Session on 19 June 2002, 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 4 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAOR, dated 21 Mar 02,
                 w/atch 1, atch 2 wd.
     Exhibit D.  Memorandum, AFPC/DPSFM, dated 11 Apr 02,
                 w/atch.
     Exhibit E.  Memorandum, AFPC/DPAOY, dated 15 Apr 02,
                 w/atch.
     Exhibit F.  Letter, SAF/MIBR, dated 26 Apr 02.
     Exhibit G.  Letter, Applicant, dated 20 May 02,
                 w/atchs.