RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-00743
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He receive backpay for 0-1E, 0-2E, and 0-3E for the periods he  served
within the officer grades from October 1982 to February 1995.

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APPLICANT CONTENDS THAT:

When he separated from the Air Force in September 1980, he had 4 years
of active duty.  The pay charts effective 1  October  1981  through  1
January 1984 state “applicable to officers with at least  4  years  of
active service as an enlisted member or as a non-commissioned  warrant
officer.”  He had exactly 4 years, yet when he  came  back  on  active
duty in 1982, he was not paid the higher pay.  The pay charts for 1981
through 1987 state “with at least 4 years,” then in January  1988  the
wording changed to “more than 4 years active duty.”  Then in July 2000
the wording changed again to “4 years and 1 day.”

In support of his application, he provided copies  of  his  separation
documents associated with his release from active duty on 15 September
1980 and copies of military Pay  Charts  effective  during  the  years
1981, 1982, 1984, 1985, 1987, 1988  and  2000.   Applicant's  complete
submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
indicates that  the  applicant  was  appointed  a  second  lieutenant,
Reserve of the Air Force on 8 May 1982 and was voluntarily ordered  to
extended active duty on 20 October 1982.   His  Total  Active  Federal
Military Service Date was established as 20 October 1978 based on four
years of prior enlisted service from 16 September 1976 to 15 September
1980.  He is  currently  serving  on  active  duty  in  the  grade  of
lieutenant colonel, with a date of rank and effective date of  1  June
2000.

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AIR FORCE EVALUATION:

DFAS-POCC/DE  recommends  the  application   be   denied.    DFAS-POCC
indicated that, in accordance with  Department  of  Defense  Financial
Management Regulation,  (DoDFMR),  Volume  7a,  paragraph  010301B,  a
service member must have at least four years  and  one  day  of  prior
active service as an enlisted member to be  entitled  to  the  special
rate for pay grades 0-1E, 0-2E, or 0-3E.  The DFAS-POCC/DE evaluation,
with attachment, is at Exhibit C.

Pursuant to the Board’s request, USAF/JAA  reviewed  this  application
and recommends denial.   JAA  states  that  the  applicant’s  enlisted
service falls short of the four years required to qualify for 0-XE pay
during his active service in  the  officer  grades  0-1  through  0-3.
Applicant admits that he knew his  pay  was  incorrect  for  nearly  a
quarter century, yet failed to exercise due diligence in pursuing  his
claim.  Based on a request for clarification, USAF/JAA determined that
their research indicated that in order to receive 0-XE pay it required
over four years active  service  as  an  enlisted  member  or  warrant
officer.  USAF/JAA evaluations are at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 April 2003, a copy of the DFAS-POCC-DE evaluation was  forwarded
to the applicant for review and comment.  As of this date, this office
has not received a response.

On 30 July 2003, a copy of the USAF/JAA evaluation  was  forwarded  to
the applicant for review and comment (See Exhibit F).

On 22 August 2003, the applicant responded to the USAF/JAA  evaluation
by stating that it hasn’t been very long that pay charts from previous
years have been available to view on a moments notice through the DFAS
website.  As he was reviewing his  career,  he  came  across  the  pay
charts with the different wording and based upon the wording  when  he
was commissioned in 1982, he should have been paid under the 0-1E,  0-
2E, 0-3E pay scale until he was promoted to  major  in  1995.   On  28
November 2003, the applicant stated that he is seeking this correction
based upon justice.  As he has previously stated, he was reviewing his
career and based upon the wording in the pay charts at the time of his
commissioning, he should have been paid under the 0-1E, 0-2E, 0-3E pay
scale (See Exhibit G).

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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.  We took careful notice  of  the
applicant’s complete submission in judging the merits  of  the  case.
His contentions in this regard were noted; however, in  our  opinion,
the Air Force  offices  of  primary  responsibility  have  adequately
addressed these contentions  and  we  are  in  agreement  with  their
assessment of his case.  Therefore, in the absence of evidence to the
contrary, we find no basis to grant relief.

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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.

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The following  members of the  Board   considered  Docket  Number  03-
00743 in Executive Sessions on 9 July 2003, 5 September 2003,  and  15
December 2003 under the provisions of AFI 36-2603:

                       Ms. Brenda L. Romine., Panel Chair
                       Mr. James W. Russell, III, Member
                       Mr. E. David Hoard, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 24 Feb 03, w/atchs.
      Exhibit B. Applicant’s Microfiche Military Personnel
                       Records.
      Exhibit C. Letter, DFAS-POCC/DE, dated 8 Apr 03 w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 25 Apr 03.
      Exhibit E. Letters, USAF/JAA, dated 28 Jul 03 and 23 Oct 03.
      Exhibit F. Letter, AFBCMR, dated 30 Jul 03 and 30 Oct 03.
      Exhibit G. Applicant’s Letters, dated 22 Aug 03 and
                       28 Nov 03.




                             BRENDA L. ROMINE
                             Panel Chair