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AF | BCMR | CY2003 | BC-2003-00978
Original file (BC-2003-00978.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00978
            INDEX CODE:  113.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His Entered Active Duty (EAD) date be changed from 15 Dec 95 to  6 Jul
88.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His current EAD date reflects the date he transferred from the  active
United States Army (USA) to the active United States Air Force (USAF).
 He entered active USA on 6 Jul 88 until 14 Dec 95.   On  15  Dec  95,
with no break in service, he entered active USAF.   He  believes  that
his records showing 15 Dec 95 as his  EAD  date  does  not  accurately
reflect his service to the United States military.

In support of his request, the applicant submits copies of his DD Form
214 and Special  Order  AGA-020,  dated  22  Nov  95,  reflecting  his
interdepartmental transfer.  The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active  Federal  Military  Service  Date
(TAFMSD) as 6 Jul 88.

Information extracted from applicant’s submission reveals prior active
duty service with the United States Army (USA) during the period 5 Jul
88 - 14 Dec 95.  On 14 Dec 95, he was released from active duty  under
the provision of AR 614-120 (Interdepartmental Transfer).  At the time
of applicant’s separation from the USA, he was serving in the grade of
captain (O-3) and had a total of seven years,  five  months  and  nine
days of active duty service.  In accordance with  Special  Order  AGA-
020, dated 22 Nov 95, the applicant was transferred from  the  USA  to
the USAF in the grade of captain, with a date of rank of 1 Aug 92.  As
a result of this transfer, the applicant incurred a four  year  active
duty service commitment (ADSC).

On 15 Dec 95, the applicant was appointed a captain (O-3), Reserve  of
the Air Force.  He was integrated into the Regular Air Force on 25 Jun
00.  He is currently serving on active duty in  the  grade  of  major,
with an effective date and date of rank of 1 Jun 00.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends the application be denied.  DPPAO states that
the EAD date of a Reserve officer who transfers to the USAF  while  on
EAD with another service is the date the officer  is  ordered  to  EAD
with the USAF.  Based on the  governing  Air  Force  instruction,  the
applicant’s EAD date was established  correctly.   The  HQ  AFPC/DPPAO
evaluation, with attachment, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  25
Apr 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________

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.  His contentions are duly  noted.
However,  we  agree  with  the  opinion  and  recommendation  of   the
appropriate Air Force office of primary responsibility and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice.  In view of the above  and  absent  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________

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 Docket  Number  BC-2003-
00978 in Executive Session on 8 July 2003, under the provisions of AFI
36-2603:

                  Mr. John L. Robuck, Panel Chair
                  Mr. Christopher Carey, Member
                  Ms. Martha Maust, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 14 Apr 03, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 03.




                                   JOHN L. ROBUCK
                                   Panel Chair

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