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
HQ USAF/JAG states the applicant served exactly four years on active duty as an enlisted member. As of this date, no response has been received by this office (Exhibit E). 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.
He was accepted in the Air Force (AF) Officer Training School (OTS) where he attended for three months and was commissioned. As of this date, no response has been received by this office. 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.
_________________________________________________________________ AIR FORCE EVALUATION: AFMPC/DPPAO states block 13 on the applicant's Extended Active Duty Orders (AF Form 766) has his effective date of duty as on or after 3 February 2002 and that he should report to Los Angeles AFB, no later than 2400 hours on that date. A complete copy of the Air Force evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...
Upon entry to active duty the DIEUS date was established as 13 May 1986 in accordance with AFI 36-2604, Service Dates and Dates of Rank, 1 July 1999, Table 1, Rule 13 and the applicant’s DD Form 4, 13 May 1986. The term "date entered service" means the date the person is enlisted, inducted or appointed...not TAFMSD. By signing a contract prior to 1 August 1986, the member’s retirement pay plan was, is and always will be “High-3”…the MRRA didn’t affect the member.
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