RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-01782
                                       INDEX CODE:  102.05
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date entered active duty (EAD) in the  Air  Force  be  changed  from  11
January 2001 to 13 January 2001 and he be paid pay and allowances for  13-14
January 2001.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged from the United States Marine Corps  (USMC)  to  accept  a
Regular Air Force (RegAF) commission in the United States Air Force  (USAF).
 He was selected for officer training school (OTS) to report on  16  January
2001.  Because he elected to drive to Maxwell AFB from  his  home  in  North
Carolina, he was entitled to two days POV travel.  Reporting on  16  January
2001 and traveling two days from North Carolina put  his  earliest  swear-in
date as Sunday, 14 January 2001. Since the  Military  Enlistment  Processing
Station (MEPS) was not open on the weekend and was also  closed  Friday,  12
January 2001 due to the observance of Martin Luther King Holiday,  he  swore
in on 11 January 2001.

It was already too late to have the Marine Corps approve a  request  for  an
earlier discharge, so he swore-in early not realizing that  it  could  later
cause him a problem.  His discharge from the Marine  Corps  was  12  January
2001.

In support of  his  application,  he  provides  a  personal  statement,  his
enlistment and  discharge  documentation  from  the  Marine  Corps  and  his
enlistment documentation  for  the  Air  Force.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 April 1988, the applicant enlisted in the Regular USMC at the  age  of
20  in  the  grade  of  private  for  a  period  of  four  years.   He   was
progressively promoted  to  the  rank  of  staff  sergeant  (E-6).   He  was
honorably discharged from the USMC, effective 12 January 2001  to  accept  a
commission in another branch of the service.

On 11 January 2001, the applicant enlisted in the Regular Air Force  in  the
grade of technical sergeant (E-6) and was voluntarily  ordered  to  extended
active duty (EAD) on that same date for a  period  of  120  days  to  attend
Officer Training School (OTS) with a reporting date of 16 January 2001.   On
4 April 2001, the applicant was discharged from enlisted status  and,  on  5
April 2001, he was appointed a second lieutenant, Reserve of the Air  Force,
and was voluntarily ordered to EAD on that same date.

Examiner’s  Note:   The  Defense  Finance  and  Accounting  Service   (DFAS)
confirmed the applicant  was  picked-up  for  pay  purposes  with  the  USAF
effective 15 January 2001.  The Marine Corps paid the applicant through  his
discharge date, 12 January 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAEQ conducted a review of the applicant’s case file  and  recommends
the applicant’s request be denied.  The applicant  signed  his  Regular  Air
Force enlistment contract and took the oath of office on  11  January  2001.
The date of separation (DOS) with the USMC was administratively  established
to support his Regular Air Force commission.  An  administrative  change  to
the USMC’s DD Form 214 is  a  practice  not  uncommon  between  branches  of
service during interservice transfers.  The  AFPC/DPPAEQ  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he requested a DD Form 215 with the correct discharge
date from the Marine Corps; however, his request was refused.  Because his
DD Form 214, discharge certificate, plaques, mementos and  photos  reflect
his discharge on 12 January 2001, he respectfully  requests  consideration
of his request for sentimental reasons as well as the ease of working with
his current military branch.  He again requests back pay and  entitlements
for 13-14 January 2001.  The applicant’s rebuttal with attachments  is  at
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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice  warranting  corrective  action.   After
reviewing the applicant’s submission,  we  believe  that  an  injustice  has
occurred in the establishment of his date that he entered active duty.   The
applicant was discharged from the Marine Corps  on  12  January  2001.   The
recruiter at the MEPS convinced the applicant to take the Air Force Oath  of
Office on 11 January 2001 because the MEPS would  be  closed  12-15  January
2001 in  observance  of  the  Martin  Luther  King  Holiday.   We  feel  the
recruiter misguided the applicant  by  not  telling  him  of  the  potential
consequences of taking the Oath of Enlistment early.  If the  applicant  had
been advised early enough, he may have been able to  adjust  his  separation
date from the Marine Corps to accommodate the closing of the  MEPS  and  his
OTS reporting date of 16 January 2001.  In order to  rectify  any  potential
injustice, we believe any doubt in this matter should  be  resolved  in  the
applicant’s favor and conclude that the  date  he  entered  active  duty  be
changed to 13 January 2001.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he enlisted in the Regular Air  Force
in the grade of Technical  Sergeant  on  13 January  2001,  rather  than  11
January 2001; and that his date of entry on active duty in the  Regular  Air
Force is 13 January 2001, rather than 15 January 2001.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 February 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Mike Novel, Member
      Ms. Rita S. Looney, Member


The following documentary evidence for AFBCMR  Docket  Number  02-01782  was
considered:

     Exhibit A.  DD Form 149, dated 8 May 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAEQ, dated 3 Oct 02.
     Exhibit E.  Applicant’s Rebuttal, dated 2 Jan 03




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair

AFBCMR 02-01782




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to XXXXXXXXXXXXXXXXXXX, be corrected to show that  he  enlisted  in
the Regular Air Force in the grade  of  Technical  Sergeant  on  13  January
2001, rather than 11 January 2001; and that his  date  of  entry  on  active
duty in the Regular Air Force is 13 January 2001,  rather  than  15  January
2001.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency