RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00324 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Extended Active Duty (EAD) date be corrected to reflect 2 December 2003 to match his first date of active duty without a break in service. His Date of Rank (DOR) for Staff Sergeant (SSgt) be corrected to reflect 1 Sep 2002. (Administratively corrected 7 Apr 14, as reflected on his DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). His Statement of Service be corrected and adjustment of all subsequent promotions and correction of pay that would have occurred had these errors not been made. APPLICANT CONTENDS THAT: He was improperly accessed from the Air Reserve Component (ARC) activation orders on 24 Feb 04, creating an improper Extended Active Duty (EAD) date and possible Date of Rank (DOR) error. He was released from the reserve command for transfer to a direct duty assignment. He was involuntarily activated on ROD- 02530, which was amended to allow for immediate transfer to RegAF. The DoDI 1205.05 is clear, it states in section 3.1.3.1 that transfer shall be accomplished without interrupting the continuity of the member’s military service. Since he was not transferred properly, his discharge from the Reserves was not handled properly; otherwise, he would have received his DD Form 214 in 2004. Also, he would not have been improperly reduced to Senior Airman when he transferred to active duty. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 19 Mar 97, the applicant entered the Air Force Reserve. On 16 Jul 97, the applicant entered the Regular Air Force. On 15 Jul 01, the applicant transferred to the Air Force Reserve and was credited with four years of active service. The grade listed on his DD Form 214, Certificate of Release or Discharge from Active Duty, is recorded as Senior Airman/E-4 with a DOR as of 16 Jul 00. On 1 Sep 02, Reserve Order P-247, promoted the applicant as Reserve of the AF to the grade of Staff Sergeant with an effective DOR of 1 Sep 02. On 24 Jul 03, the applicant reenlisted in the Air Force Reserve for four years, in the grade of Staff Sergeant/E-5. On 14 Jan 04, according to the DD Form 368, Request for Conditional Release, the applicant requested a conditional release for entrance into another component of the military. On 16 Jan 04, the applicant’s Conditional Release was approved. On 23 Feb 04, the applicant was furnished an honorable discharged from the Air Force Reserve. On 24 Feb 04, the applicant enlisted in the Regular Air Force for a period of four years in the grade of Senior Airman/E-4. On 10 Aug 04, the applicant’s Statement of Service reflected an EAD date of 24 Feb 04. The applicant is currently serving on Active Duty in the grade of Technical Sergeant. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIPE recommends denial indicating there is no evidence of an error or an injustice. The applicant is confusing entitlements granted to Reserve component members who participate in a Voluntary Limited Period Recall Program (LPRP) and members who reenlist into the Regular Air Force (RegAF) through the Prior Service Program. The applicant was not on activation orders, but entered the RegAF at a Military Entrance Processing Station (MEPS) on 24 Feb 04. Per the DD Form 4, Enlistment/ Reenlistment in the Armed Forces of the United States, and Special Order 40551, dated 24 Feb 04, the applicant reenlisted in the RegAF through the Prior Service Program. The applicant was promoted to SSgt (E-5) in the Air Force Reserve on 1 Sep 02, however after review of the personnel record, there is no evidence that the member meets the eligibility requirement to reenlist at a pay grade higher than last held in the Regular component. A thorough review of the applicant’s military personnel record failed to reveal a copy of any orders which involuntarily activated him and then allowed for an immediate transfer to the Regular Air Force. While the member mentioned ROD-02530, they could not locate them in the applicant’s records, or were a copy provided by the applicant. A complete copy of the AFPC/DPSIPE evaluation is at Exhibit C. AFPC/DPSIPV recommends denial indicating there is no evidence of an error or an injustice. The applicant initially enlisted into the United States Air Force on 16 Jul 97 and was released from active duty on 15 Jul 01 with immediate transfer to the Air Force Reserves to complete his military service obligation. On 24 Jul 03, the applicant enlisted in the United States Air Force Reserves and on 14 Jan 04, he requested a conditional release from the reserves so he could enlist in the Regular Air Force component. On 16 Jan 04, the applicant’s request for conditional release was granted, with an expiration date of 16 Jul 04. On 23 Feb 04, he was honorably discharged for the Air Force Reserve with subsequent enlistment into the Regular Air Force on 24 Feb 04. Upon enlistment, he was ordered to extended active duty (EAD). His EAD was established based on his enlistment into the Regular component and entry to extended active duty for this period of continuous service with the active component. This was not a transfer from one component to another, but rather an enlistment into the Regular component; completion of a DD Form 4, enlistment contract. Since there was not a break in continuous service, his pay date remained the same. However based on the fact that he was a prior service member, his service dates were verified by the Service Dates Verification Branch in accordance with AFI 36-2604, paragraph 1.3.4.2. Upon verification, his total active federal military service date (TAFMSD) was adjusted to account for a break in active duty service. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit D. AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice. The appropriate subject matter experts (AFPC/DPSIP) have reviewed the case and recommend denial of applicant’s request regarding his rank and DOR at time of entry onto active duty. Based on their recommendation, they have no action regarding supplemental promotion consideration. A complete copy of the AFPC/DP3SP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 16 Dec 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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 opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their 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 requested relief. 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-2015-00324 in Executive Session on 2 Feb 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00324 was considered: Exhibit A. DD Form 149, dated 20 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIPE, dated 3 Nov 15. Exhibit D. Memorandum, AFPC/DPSIPV, dated 25 Nov 15. Exhibit E. Memorandum, AFPC/DP3SP, dated 8 Dec 15. Exhibit F. Letter, SAF/MRBR, dated 16 Dec 15.