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AF | BCMR | CY2002 | 0103594
Original file (0103594.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03594
                       INDEX CODE:   128.00

      APPLICANT  Counsel:  None

      SSN        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he served four years and  one
day of active enlisted service, thus making him eligible for  an  0-1E
pay entitlement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He took time off work to see a Naval Physician while on contract.   He
was compensated for this trip.  He also  spent  four  weeks  at  field
training.  Therefore, this should put him over  the  four  year  mark,
thus making him eligible for O-1E pay.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Delayed Entry Program on 4  May  93  and
entered active duty on 29 Jul 93.  He served on active duty  for  four
years.  He was transferred to the reserves and  discharged  to  attend
Air Force Reserve Officer Training Corps on 25 Sep 98.  The  applicant
was commissioned on 9 Jun 00 and entered active duty on 6 Aug 00.   He
is currently serving on active duty in the grade of second lieutenant.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO states that upon entry to active duty an AF  Form  1613,
Statement of Service, was accomplished.   The  Department  of  Defense
Financial Management Regulation (DODFMR) states that effective 20  May
58, a commissioned officer in pay grades O-1,  O-2,  or  O-3,  who  is
credited with over four years (i.e., at least 4 years and 1 day  prior
active service as an enlisted member) is entitled to the special  rate
of basic pay for pay grade O-1E, O-2E, or O-3.  DPPAO  recommends  the
applicant's request be denied based on the governing  directives,  and
that the applicant's pay date was computed correctly (Exhibit C).

HQ USAF/JAG states the applicant served exactly four years  on  active
duty  as  an  enlisted  member.   The  applicant  was  discharged  and
transferred to the indefinite reserves and served no more active  duty
time.  The applicant was discharged and entered the Air Force  Reserve
Officer Training Corps (AFROTC).  This is significant because his four
weeks of field training was as a ROTC cadet and  not  as  an  enlisted
member.  He was commissioned as a second lieutenant upon completion of
AFROTC and began receiving pay as an  O-1  with  over  four  years  of
service as opposed to an O-1 with over four years of enlisted service.

The Uniformed Services Pay Act of 1958 intended for  service  members,
who are commissioned as an officer to  receive  special  pay  as  O-1E
providing the member served at least four years and a day of  enlisted
service.  This was enacted to ensure that  the  enlisted  member  upon
commissioning would not be put in a position of receiving a  reduction
in basic by accepting the commission.  The special  pay  category  was
created for service members in grades O-1 through O-3 with  more  than
four years of prior active duty enlisted service.

The applicant feels that since he is one day short for receiving the O-
1E pay he feels is being deprived of receiving O-1E pay because  of  a
technicality.  The applicant is not eligible to receive the pay as  O-
1E because he did not serve over four years of enlisted  service.   He
alleges he was compensated for a visit to a naval physician,  but  did
not provided any evidence to support his allegation.

JAG recommends the requested relief be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
25 Jan 02 and 21 Mar 02, respectively, 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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  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 the recommendation of  the  Air
Force and adopt their rationale as the basis for our  conclusion  that
the applicant has not been the victim of an  error  or  an  injustice.
The applicant has not provided any evidence in support of his request.
 The applicant did not meet the requirement of having served on active
duty as an enlisted member for over 4 years to be eligible to  receive
O-1E pay.  Therefore, in the absence of evidence to the  contrary,  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 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 AFBCMR Docket Number 01-
03594 in Executive Session on May 22, 2002, under  the  provisions  of
AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Laurence M. Groner, Member
                       MS. Martha Maust, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Dec 01.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 17 Jan 02.
   Exhibit D.  Letter, HQ USAF/JAG, dated 18 Mar 02.
   Exhibit E.  Letters, SAF/MRBR, dated 25 Jan 02.




                             ROSCOE HINTON, JR.
                             Panel Chair

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