RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00656
            INDEX CODE:  135.00, 102.00

      LOUIS A. BATES   COUNSEL:  NONE

      423-78-4479      HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be credited for some of the time he served  in  inactive  status
and that he be given an age waiver for commissioning as an officer.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His Air Force career was shattered early  during  his  active  duty
period, when his commander gave him a  discharge  that  barred  him
from reenlisting, despite an immaculate record at the time.  He has
paid a great sacrifice for his career, one being  that  he  is  now
past the age to be a commissioned officer, which  is  what  he  has
always wanted to be.   He  later  found  out  that  he  could  have
appealed the commander’s decision and served honorably in  the  Air
Force Reserve until his discharge.

In support of applicant’s appeal, he submitted a personal statement
and a copy of the Air Force evaluation  from  his  previous  AFBCMR
Case File (90-02137) and the Board’s decision.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  28  Nov  79  for  a
period of 4 years.  He was promoted to the rank  of  senior  airman
(SrA/E-4) with a date of rank and effective date of 1 Oct 82.

A resume of applicant’s airman performance  reports  (APR)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION

                 28 Nov 80                                    7
                 28 Nov 81                                    9
                 11 May 82                                    8
                 27 Mar 83                                    9

He was honorably discharged under the provisions of  AFR  39-10  on
23 Sep 83 with a reason for separation as FY  83  Early  Separation
Program—-Strength Reduction.  He received a reenlistment code of 2X
(first term, second term,  or  career  airman  considered  but  not
selected for reenlistment under the selective reenlistment program)
and he was credited with 3 years, 9 months, and 23 days  of  active
service.

On 26 Oct 84, the  Board  considered  and  denied  the  applicant’s
request to have is reenlistment eligibility (RE) code changed.

On 26 Sep 90, the Board directed his reenlistment eligibility  code
be  corrected  to  show  1J  (eligible  to  reenlist  but   accepts
separation) issued in conjunction with his honorable  discharge  on
23 Sep 83.  This rendered him eligible for entry into the Air Force
Reserve.  The applicant was in civilian status between  24  Sep  83
and 29 Jun 95.

He enlisted in the Air Force Reserve for six years on 30 Jun 95 and
his Expiration Term of Service (ETS) was 29 Jun 01.

Applicant’s date of birth (DOB) is 4 May 1961.

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AIR FORCE EVALUATION:

HQ ARPC/DPA reviewed this application and recommended denial.   The
applicant was granted relief by the AFBCMR on 26  Sep  90  and  his
reenlistment eligibility (RE) code was corrected to  reflect  a  1J
(eligible to reenlist but accepts separation).  He enlisted in  the
USAFR for six years on 30 Jun 95 for a period of  six  years.   His
ETS was 29 Jun 01.

They state the minimum eligibility requirements  for  commissioning
is that an applicant must have a baccalaureate or higher degree  as
outlined in AFI 36-2005, Appointment  in  Commissioned  and  United
States Air Force, Para 2.1.5.  To apply for  a  Reserve  commission
the applicant must  apply  through  an  Air  Force  recruiter.   If
eligible and accepted for a Reserve officer position, he may  apply
for an exception to age policy waiver.   If  accepted  for  a  line
position the age limitation  is  less  that  35  years  old  to  be
appointed as a second lieutenant; however, if accepted as a medical
officer the age limitation is less than 47  years  old  for  grades
major and below.

In regards to compensation for inactive service  time,  they  state
that there is no legal means  to  provide  for  compensation.   The
applicant is not entitled to any service credit or pay compensation
between 24 Sep 83 and 29 Jun 95 because he had no military status.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 19 Jul 02 for review and comment within 30  days.   As  of  this
date, no response has been received by this office.

___________________________________________________________________

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.  The applicant has
requested that he be given an age waiver for  commissioning  as  an
officer.  However, after a review of  the  available  evidence,  it
appears that he does not meet the minimum  eligibility  requirement
for commissioning.  Specifically, he does not have a  baccalaureate
or  higher  degree  as  required  by  the  governing   instruction.
Furthermore, to apply for a Reserve commission, the applicant  must
apply through an Air Force  Reserve  recruiter.   If  eligible  and
accepted for a Reserve officer position, he may then apply  for  an
exception to age policy waiver.  We noted the  applicant’s  request
for service credit or pay compensation for  some  of  the  time  he
served in an inactive status.  However, the law does not permit  an
individual to receive service credit and/or pay compensation for  a
period of service in which they were not serving  in  any  military
capacity.  Therefore, 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
failed to sustain his  burden  of  establishing  the  existence  of
either an error or an injustice warranting favorable action on  his
requests.

4.  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 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
02-00656 in  Executive  Session  on  6  February  2003,  under  the
provisions of AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPA, dated 11 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jul 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair