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AF | BCMR | CY1999 | BC-1997-03671
Original file (BC-1997-03671.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03671
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date Initially Entered Military Service (DIEMS)  date  be  changed
from Dec 86 to Jan 85.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DIEMS is in error.  He had  prior  Reserve  service  in  the  Army
Reserve Officers Training Corps (ROTC) program while attending  Middle
Tennessee State University.

In support of his appeal, the applicant provided a personal statement,
copies of his transcript, enlistment documents, extracts from  10  USC
2107, an Air Force Times article, and other documents associated  with
the matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
staff sergeant, having been promoted to that grade on 1 Dec  95.   His
Total Active Federal Military Service Date (TAFMSD) is 7 Oct 87.

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Retirements  and  Separations  Operations  Section,   AFPC/DPPRR,
reviewed this application and  recommended  denial.   DPPRR  indicated
that after a review of the applicant's military service  record,  they
were unable to establish the fact that he was  enlisted  in  the  Army
Reserve  to  attend  the  ROTC  program  at  Middle  Tennessee   State
University.  The first source document in his record is a  DD  Form  4
(Enlistment/Reenlistment Document), dated 6 Jan 87 which enlisted  him
in the Delayed Enlistment Program (DEP) prior to his enlistment in the
Regular Air Force on 7 Oct 87.  This date of 6 Jan 87 is the date that
has  been  used  to  establish  his  DIEMS  date  and  determines  the
appropriate retirement plan.

DPPRR noted that the applicant provided a letter from Middle Tennessee
State University which stated he was enrolled in  the  Basic  Military
Science Course from Jan - Dec 85, but the  letter  also  stated  these
students did not complete DD Form 4 enlistment  paperwork.   According
to DPPRR, no source document could be located to credit the  applicant
with any additional service.

A complete copy of the DPPRR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  25
Mar 98 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable 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  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an error or injustice.  Therefore, in the absence  of  clear
and convincing evidence that the applicant’s DIEMS date was erroneous,
we find no compelling basis to recommend granting the relief sought in
this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 Jul 99, under the provisions of AFI 36-2603:

      Ms. Cathlynn Sparks, Panel Chair
      Dr. Gerald B. Kauvar, Member
      Mr. George Franklin, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Dec 97, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRR, dated 20 Jan 98.
    Exhibit D.  Letter, SAF/MIBR, dated 25 Mar 98.




                                   CATHLYNN SPARKS
                                   Panel Chair



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