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AF | BCMR | CY2001 | 0003038
Original file (0003038.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03038
            INDEX CODE:  112.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect no break in service for the period
of 11 Nov 93 to 9 Mar 94, and he be awarded pay and points for the Nov
93 and Dec 93 Unit Training Assemblies (UTAs).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He separated from active duty in Nov 93 and went right  into  the  Air
Force Reserve.  There was no lapse between his active duty and Reserve
time.

In support of his appeal, the applicant provided a personal statement,
a supportive statement, 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 in the Air  Force  Reserve  in
the grade of staff sergeant.  He is credited with 15 years, 5  months,
and 4 days of satisfactory federal service.

The remaining  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 Military Personnel Division, AFRC/DPM, reviewed  this  application
and indicated that the applicant’s pay files  reflected  that  he  was
paid for the UTAs of 22/23 Jan 94 and 26/27 Feb 94.   DPM  noted  that
the applicant was released from the Air Force under the  PALACE  CHASE
Program, effective 10 Nov 93, and was immediately assigned to the  301
Rescue Squadron  (RQS)  from  Nov  93  to  Feb  94.   He  subsequently
transferred to the 93 Fighter Squadron (FS), effective 1 Mar 94 and is
currently participating with the 93 FS.

Based on the supporting  documentation  provided  in  support  of  the
applicant’s appeal, DPM recommended that the  applicant’s  records  be
corrected  to  reflect  no  break  in  service.   However,  since   no
supporting documents were submitted to award him pay or points for the
Nov and Dec UTA, they recommended that the applicant  not  be  awarded
pay or points for that timeframe.

A complete copy of the DPM evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 2 Mar
01 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit C).

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  Having  carefully  reviewed
this application, we agree with the  recommendation  of  AFRC/DPM  and
adopt their rationale as the basis for our decision that the applicant
has been the victim of an error or an injustice regarding his  request
that his  records  be  corrected  to  reflect  no  break  in  service.
Accordingly, we recommend that the applicant’s records be corrected as
indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  error  or   injustice   concerning   the
applicant’s request for pay and points for the Nov 93 and Dec 93 UTAs.
 While the available evidence supports the applicant’s contention that
he did not have a break in service, other than his own  assertion,  no
evidence has been presented which would lead us to  believe  that  the
applicant performed the UTAs for Nov 93 and  Dec  93.   Therefore,  in
absence of evidence to the contrary, the applicant’s  request  is  not
favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to  show  that  he  was  honorably
discharged from the Regular Air Force on 10 Nov 93 and enlisted in the
Air Force Reserve on 11 Nov 93 for a period of two years.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 Jun 01, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Laurence M. Groner, Member
      Mr. Clarence D. Long III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Nov 00, w/atchs.
     Exhibit B.  Letter, AFRC/DPM, dated 31 Jan 01.
     Exhibit C.  Letter, SAF/MIBR, dated 2 Mar 01.




                                   RICHARD A. PETERSON
                                   Panel Chair










AFBCMR 00-03038




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to , be corrected to show that he was honorably
discharged from the Regular Air Force on 10 Nov 93 and enlisted in the
Air Force Reserve on 11 Nov 93 for a period of two years.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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