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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