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AF | BCMR | CY2002 | 0200774
Original file (0200774.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00774
            INDEX NUMBER:  115.01  121.03
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Aviation Service Date (ASD) of 26 May 88  he  was  given  after
transferring from the Navy to the Air Force be changed  to  14  Dec
87, the date he had before the transfer.

43.5 days of  accrued  leave  be  restored  to  his  current  leave
account.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His ASD as indicated on his statement of service with the Navy  was
14 Dec 87.   When  he  spoke  to  personnel  in  AFPC/DPAOY,  Rated
Analysis/rated Management, they had no Air Force  Instruction  that
justifies the change in his ASD from 14 Dec 87 to 26 May 88.

He was not credited with the 43.5 days of accrued leave he had upon
transfer from the Navy to the Air Force in accordance with AFI  36-
2004, Interservice Transfer of Officers on the Active Duty List  to
the United States Air Force.

The applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty in the Air  Force
in the grade of major.  He transferred from the  Navy  to  the  Air
Force on 22 Dec 2001.  In addition to the requests indicated above,
the applicant had also requested that his Entered Active Duty (EAD)
date and his Officer Service Date  (OSD)  be  corrected.   The  Air
Force has administratively corrected the applicant’s EAD and OSD.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAOR advised that the applicant’s EAD has  been  established
as 22 Dec 01, his pay date as 14  Dec  87,  and  his  Total  Active
Federal Military Service Date (TAFMSD) as 14 Dec 87.

The complete evaluation, with attachment, is at Exhibit C.

AFPC/DPSFM recommends that 43.5 days be restored to the applicant’s
current leave account.

The complete evaluation is at Exhibit D.

AFPC/DPAOY recommends denial of the applicant’s request  to  change
his ASD from 26 May 88  to  14  Dec  87.   Based  on  the  guidance
contained in AFI 11-402, para  3.11.1.1,  the  ASD  is  established
based on the class starting date in  the  program  flying  training
document.  For the Naval program this date is the Primary Phase  of
Training Report Date, which is recorded on  an  individual’s  Naval
Aviator Aviation Training Jacket Summary Card (CNATRA  form  1542).
This date on the applicant’s CNATRA Form 1542 is 26 May 88.

The complete evaluation, with attachment, is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force  evaluation  by  restating
the corrections to his records he is requesting.  In regards to the
CNATRA Form 1542 that has been used to determine his ASD, he states
that  the  form  is  an  unsigned  document  that  he  provided  to
AFPC/DPAOY based on  their  request.   The  26  May  88  date  that
AFPC/DPAOY recognizes as his ASD does not reflect the  actual  date
he began training leading to an aeronautical rating.  The applicant
provides copies of other documents, including his first Navy  Leave
and Earning Statement, that show his Aviation  Commission  Date  as
14 Dec 87.  He also provides copies of his Navy LESs that show  his
previous entitlement to Aviation Career Incentive Pay (ACIP).

The  applicant  provides  extracts   from   pertinent   Air   Force
Instructions that he believes supports his entitlement to ACIP  and
his contention that his ASD is 14 Dec 87.   He  requests  that  the
Board grant him ACIP with interest from the date he entered the Air
Force and grant him entrance into  the  Aviation  Continuation  Pay
bonus program effective 22 Dec 01 with interest.

The applicant’s complete response is at Exhibit G.

___________________________________________________________________

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 regarding the  applicant’s
request to change his Aviation Service Date.  We  took  notice  of  the
applicant's complete submission in judging  the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air  Force
office of primary responsibility and adopt their rationale as the basis
for our conclusion that the applicant has not been  the  victim  of  an
error or injustice.  We note that while the Air Force Aviation  Service
Date differs from the applicant’s equivalent Navy date,  all  available
evidence indicates that his  Navy  date  is  incorrect.   It  would  be
improper for the Air Force to knowingly award the applicant an Aviation
Service Date not computed according to the rules and  regulations  that
would apply in any other similar case.  Therefore, we find no basis  to
recommend granting relief in this part of the applicant’s appeal.

4.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice regarding the  applicant’s  request  to
restore 43.5  days  to  his  current  leave  account.   We  accept  the
determination  and  recommendation  from  the  Air   Force   that   the
applicant’s leave account should be corrected to  restore  these  days.
We also note that, with the exception of his Aviation Service Date, all
of the other requests  by  the  applicant  have  been  administratively
corrected.

5.  The applicant's case is adequately documented and it has  not  been
shown  that  a  personal  appearance  with  or  without  counsel   will
materially add to our understanding of the issues involved.  Therefore,
the request for a hearing is not favorably considered.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that  forty-three  and  one-
half (43.5) days of leave  were  added  to  his  account  commencing  2
October 2001.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00774 in
Executive Session on 19 June 2002, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Mr. Michael J. Novel, Member
      Mr. Thomas J, Topolski, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAOR, dated 21 Mar 02,
                 w/atch 1, atch 2 wd.
     Exhibit D.  Memorandum, AFPC/DPSFM, dated 11 Apr 02,
                 w/atch.
     Exhibit E.  Memorandum, AFPC/DPAOY, dated 15 Apr 02,
                 w/atch.
     Exhibit F.  Letter, SAF/MIBR, dated 26 Apr 02.
     Exhibit G.  Letter, Applicant, dated 20 May 02,
                 w/atchs.




                                   ROSCOE HINTON, JR.
                                   Panel Chair


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