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AF | BCMR | CY2002 | 0200638
Original file (0200638.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00638
                       INDEX CODE:  107.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he served over four years  of
active enlisted service, thus making him eligible for 0-1E pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has only been give credit for  2  years,  10  months,  19  days  of
service.  He served his country for 10 years.  He  feels  this  is  an
injustice.  He is requesting service credit for 1 year,  2  months  of
enlisted service.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

EXAMINER'S NOTE:  The applicant's  TAFSMD  was  recalculated to 25 Aug
97 based on a correction in his ADT points from 37 days to 75 days.

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO  states  in  accordance  with  DoD   Financial   Management
Regulation, a service member can  receive  0-1E  pay  if  the  service
member has served on active duty or active duty for  training  for  at
least 4 years.  The applicant has not met the requirements for
the 0-1E pay.  Based on the  information  provided,  DPPAO  recommends
denying the applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force Evaluation and states his service
record does not reflect his  date  of  initial  entry  into  uniformed
service.  Also, his participation in the Delayed Entry  Program  (DEP)
should count toward his time and service.  He requests his records  be
reviewed and he be credited for 7 months, 9 days of  service  (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  error  or   injustice.   Applicant’s
contentions are duly noted; however, we agree with  the  opinion  and
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 injustice.  The applicant does not meet  the  criteria
to receive O1-E pay  in  accordance  with  DoD  Financial  Management
Regulation, 7000.14R.  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  Docket  Number  02-
00638 in Executive Session on 22 May 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 28 Dec 01, w/atchs.
      Exhibit B. Microfiche.
      Exhibit C. Letter, HQ AFPC/DPPAO, dated 12 Mar 02.
      Exhibit D. Letter, SAF/MRBR, dated 22 Mar 02.
      Exhibit E. Applicant's Response.




                             ROSCOE HINTON, JR.
                             Panel Chair


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