RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01596
            INDEX CODE:  135.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She receive pay for duty performed at Cape Cod Air Force Station  from
21 Aug 00 to 15 Sep 00, and 25 Sep to 29 Sep 00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Regrettably, she did not file for  Military  Personnel  Appropriations
(MPA) Man-day Tour orders prior to performing the duty, nor  prior  to
the mid-Dec 00 deadline for  MPA  man-day  reconciliation.   Prior  to
applying  for  the  MPA  man-days,  she  needed  to  sort   out   unit
reassignment from the Office of the Joint Chiefs of  Staff  (OJCS)  to
the Air Force Space Command (AFSPC), as well as whether to apply for a
two-year extended active duty (EAD) tour instead of MPA man-tours.  On
19 Jan 01, AFSPC/CR and PA advised  her  of  the  Calendar  Year  2000
(CY00) deadline, that the CY00 MPA days had  since  been  reallocated,
and there was no way to pay her for the duty performed.  She  requests
an alternate source of payment for the work she has done.

In support of her appeal, the applicant provided a personal statement,
supportive statement, copies of electronic mail (e-mail), and a  draft
of DFAS-DEM 7073-3.

Applicant’s complete submission 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.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director, Air Reserve Forces, AFSPC/CR, reviewed this  application
and recommended denial.  AFSPC/CR indicated that even though there was
little doubt that the applicant performed the duty from 21 Aug  00  to
15 Sep 00, and 25 Sep to 29 Sep 00, there was also little  doubt  that
she did so without proper authority.  An AF Form 49  (Application  for
MPA Man-Day Tour) was neither received by the Air Force Space  Command
Function MPA functional manager or the AFSPC/CR office.  Without an AF
Form 49 signed by the active duty organization  requesting  the  help,
they do not have the authority to issue orders.

AFSPC/CR stated that, in the applicant’s case, there was a  historical
pattern of late  submissions.   Individuals  performing  duty  without
being on orders are in potential  jeopardy  of  unlawfully  obligating
funds while representing the Air Force, and could be  injured  without
the coverage of being in the line of duty.  On rare occasions, and  in
fact in the applicant’s case, they have tried to be accommodating when
circumstances would allow.  But, they have never been able to do  this
in a  previous  fiscal  year  since  those  funds  have  already  been
expended.  Due to the fact that no written  or  verbal  authority  for
performance of duty was submitted or authorized prior to or during the
duty in question, AFSPC/CR indicated that they strongly recommend that
the applicant not be paid.

A complete copy of the AFSPC/CR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response which
is attached at Exhibit E.

_________________________________________________________________

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.   The  applicant's
complete submission was thoroughly reviewed and her  contentions  were
duly noted.  However, a majority  of  the  Board  does  not  find  the
applicant’s assertions and the documentation provided  in  support  of
her appeal sufficient to persuade the majority that she has  been  the
victim of an error or injustice.  A review of the  available  evidence
indicates that the applicant performed duty at Cape Cod AFS during the
period 25 Aug 01 to 15 Sep 00, and 25 Sep to 29 Sep 00.  However,  she
did so without proper  authority.   In  this  respect,  the  applicant
failed to submit an AF Form 49 prior to  performing  the  duty,  which
precluded orders from being issued authorizing the tour of duty.   The
majority believes that  an  officer  of  her  rank  should  have  been
cognizant of the appropriate procedures for  MPA  man-day  tours,  and
that she should have known  she  needed  to  obtain  orders  prior  to
performing the duty.  Furthermore,  no  evidence  has  been  presented
which would lead the majority to believe that she attempted to  do  so
even after reporting for duty.  The majority is not insensitive to the
fact that the applicant performed the  duty,  and  did  so  admirably,
without compensation.   Had  this  been  an  isolated  situation,  the
majority  may  have  been  more   sympathetic   to   the   applicant’s
circumstance.  However, it appears from the  evidence  presented  that
her failure to act in a timely  manner  is  a  historical  pattern  of
behavior.  In view of the foregoing, and in the absence of  clear  and
convincing evidence to the contrary, a majority of the Board finds  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 Oct 01, under the provisions of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Mike Novel, Member

By  a  majority  vote,  the  Board  voted  to  deny  the  application.
Mr. Novel voted to grant the appeal but did not  desire  to  submit  a
minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 May, 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFSPC/CR, dated 31 Aug 01.
    Exhibit D.  Letter, SAF/MIBR, dated 7 Sep 01.
    Exhibit E.  Letter, applicant, dated 5 Oct 01.




                                   PATRICIA D. VESTAL
                                   Panel Chair



AFBCMR 01-01596






MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.





                                           JOE G. LINEBERGER
                                           Director
                                           Air Force Review Boards
Agency