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AF | BCMR | CY2003 | BC-2003-01275
Original file (BC-2003-01275.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01275
            INDEX CODE:  102.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) be restored to 1 Mar  96,  which  was  his  DOR  upon
retiring from the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not told his DOR would be adjusted upon returning to extended  active
duty under the Voluntary Retired Airman Recall Program (VREAD).

In support of his request, applicant provided a  copy  of  Retired  Enlisted
Eligibility and Procedures, a copy of AF Form 125, Application for  Extended
Active Duty with the United States Air Force,  a  copy  of  Retired  Reserve
Statement of Understanding, a copy of Special Order AJ-411,  a  copy  of  DD
Form 214, Certificate of Release or Discharge from Active Duty,  a  copy  of
AFI 36-2002, Chap 2, 2.2, Voluntary and  Involuntary  Extended  Active  Duty
for Air Reserve Component Airmen, a copy of a series of  correspondence  and
correspondence on In-System Supplemental Promotion.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on  31  August  1999  after
serving a total of twenty-one years, four (4) months and thirty-one days  of
active duty service in the grade of master sergeant.  The applicant  applied
to return to EAD under the VREAD Program on  24  April  2002.   On  10  June
2002, he reported to  EAD  at  Scott  AFB,  Illinois,  as  a  Communications
Computer Systems Planning and Implementation Craftsman for a  period  of  24
months.

_________________________________________________________________


AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial.  The applicant states he was  told  by  the
VREAD office his DOR will not be adjusted.  However, we have  no  record  of
such conversation.  In fact, the applicant contacted and was briefed by  the
skill management branch that all retired members returning  to  EAD  require
their service dates/DOR adjusted in accordance with  established  Air  Force
instructions.  Although the  Facts  and  Questions  (FAQ)  section  did  not
initially  include  the  adjustment  or  DOR,  it  is  not   the   governing
instruction for the VREAD program.  Furthermore, it does not contradict  the
existing Air Force Instruction.

The DPPAE evaluation is at Exhibit B.

AFPC/DPPPWB defers to the recommendation of AFPC/DPPAE.

The DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s states that prior to his return to active duty he was told  that
his DOR would not change.  He feels that he received verbal  authority  from
the VREAD office that his DOR would not be adjusted.  Consideration  of  the
documents enclosed reveals proof of published acknowledgement of  addressing
DOR adjustments only after his return to active duty.

His complete submission, 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice.   Although  the  FAQ  section  did  not
initially  include  the  adjustment  of  DOR,  it  is  not   the   governing
instruction for the VREAD  program.   Furthermore,  evidence  has  not  been
provided which would lead us to believe that the  rules  of  the  applicable
regulations were inappropriately applied or that he  was  denied  rights  to
which  he  was  entitled.   Therefore,  we  agree  with  the  opinions   and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   In  the  absence  of  persuasive
evidence to the contrary, we find no 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-2003-01275
in Executive Session on 16 September 2003, under the provisions of  AFI  36-
2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Charlie E. Williams, Jr., Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Apr 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAE, dated 18 Jul 03.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 28 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Aug 03.
    Exhibit E   Letter, Applicant, dated 25 Aug 03, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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