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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