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AF | BCMR | CY2003 | BC-2002-02954
Original file (BC-2002-02954.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02954
            INDEX NUMBER:  113.00
      XXXXXXXXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

__________________________________________________________________

APPLICANT REQUESTS THAT:

His extended active duty (EAD) order, Special Order A-2009, dated  1
May 02, be amended to change his effective date of duty from 17  Jun
02 to 16 Jun 02.

__________________________________________________________________

APPLICANT CONTENDS THAT:

His Reserve Officer Training Corp (ROTC) instructor  instructed  him
to arrive at his first duty station prior to 17  Jun  02  to  ensure
that he reported in on time.  Since he departed on 16 Jun 02, he was
not paid for his travel time.

The applicant’s complete evaluation is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant through the  ROTC
on 19 May 02.  According to a  copy  of  his  extended  active  duty
orders, Special Order A-2009, dated 1 May  02,  he  was  ordered  to
extended active duty with an effective date on or about  17  Jun  02
and a report not later than date of 18 Jun 02.

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial of the applicant’s request.   Applicant
entered active duty on 17 Jun 02, 29  days  after  commissioning  in
accordance with established Air Force  policy.   However,  applicant
initiated travel on 16 Jun 02, prior to entering EAD.  The EAD order
clearly outlines applicant’s reporting  instructions  in  block  13,
specifically, “Effective date of duty is on or after 17 Jun 02.   On
or after this date, proceed and report no later than 0800  hours  on
18 Jun 02 to the 24 Hour arrival point at….”

The complete evaluation is at Exhibit C.

__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responds to the Air  Force  evaluation  by  indicating
that his EAD orders does not state  how  many  approximate  days  it
would take him to get to his assigned duty station.  He states  that
as a newcomer to the Air Force, the phrase “effective date  of  duty
is 17 Jun 02” meant that his first day of work was 17 Jun 02 and  so
that is when he reported in.

The applicant states that travel regulations authorize  one  day  of
travel for distances up to 350 miles.  If there is an excess  of  51
miles or more, you are authorized an additional day of travel.  Even
though he misread his EAD orders, he should have been authorized two
days of travel vice the one he was given.  Based on the  requirement
to report no later than 0800 on 18 Jun 02,  he  would  have  had  to
depart on 16 Jun 02.   Examiner’s  Note:   AFPC/DPPAO  advises  that
although applicant should have been given two travel days, he  still
departed before he was authorized.  They  note  that  based  on  the
applicant’s travel voucher, he only took one day to  travel  to  his
duty station.  They conclude that even if he had departed on 17  Jun
02, as authorized, he would have arrived prior to 18 Jun 02.

The applicant’s complete response 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.  The applicant asserts  in  his
rebuttal to the Air Force evaluation that he should have been  given
two travel days vice the one he was given  on  his  Extended  Active
Duty (EAD) orders.  The Board has confirmed that given the  distance
the applicant had to travel, he should have been  given  two  travel
days.  The Board notes that although  the  applicant  completed  his
travel in one  day,  16  Jun  02,  one  day  before  his  authorized
effective date of duty, 17 Jun 02, it is reasonable to  assume  that
if the applicant had been given the two travel days he was  entitled
to, he would have commenced his  travel  on  or  after  17  Jun  02.
Although the applicant only needed one day to complete  his  travel,
it appears that the incorrect travel days may  have  influenced  the
date that the applicant decided to  depart.   We  believe  that  any
doubt should be resolved in the applicant’s favor and that he should
be paid for the one day of travel  that  he  used.   Therefore,  the
Board recommends  that  the  applicant’s  records  be  corrected  as
indicated below.

__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to show that the DD Form 1351-2,
Travel Voucher or Subvoucher, filed on 17 Jun 02, for  travel  under
Special Order A-2009, dated 1 May 02, be amended to reflect that  he
departed Madison, Wisconsin on 17  Jun  02,  vice  16  Jun  02,  and
arrived at Whiteman Air Force Base, Missouri on 17 Jun 02,  vice  16
Jun 02.

__________________________________________________________________

The following members of the Board considered Docket Number 02-02954
in Executive Session on 16 January 2003, under the provisions of AFI
36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Charlie E. Williams, Member
      Mr. Laurence M. Groner, Member

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

     Exhibit A.  DD Form 149, dated 10 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAO, dated 21 Oct 02.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
     Exhibit E.  Memorandum, Applicant, dated 5 Nov 02.




                                   RICHARD A. PETERSON
                                   Panel Chair

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