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AF | BCMR | CY2003 | BC-2003-01683
Original file (BC-2003-01683.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01683
            INDEX CODE:  102.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank (DOR) to staff sergeant (E-5) be  corrected/adjusted  to  1
March 1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She should be allowed a DOR adjustment based on previously serving as an  E-
5 in the Regular Air Force.  She contends that the governing  regulation  is
outdated and does not specifically address her situation  as  a  disenrolled
cadet with prior service.

In support of her request, applicant provided a copy of  her  DD  Form  214,
Certificate of Release or Discharge from Active Duty, a  copy  of  a  letter
from AFPC/IG, a copy of  Special  Order  AJ-157,  a  copy  of  AFI  36-2604,
Service Dates and Dates of Rank, and a copy of Interim  Change  Notification
2001-1 to AFI 36-2604.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 13 April 1990 and  was  honorably
discharged in the pay grade of E-5 after  serving  11  years  and  2  months
total active federal military service  (TAFMS).   On  16  August  2001,  the
applicant enlisted with the Air  Force  Reserve  for  the  sole  purpose  of
attending Air Force Reserve Officer Training Corps (AFROTC).   On  11  April
2002 member was disenrolled from AFROTC and on  7  July  2002  involuntarily
recalled to Extended Active Duty (EAD) for a period of 24 months to  fulfill
a contractual military commitment.

_________________________________________________________________





AIR FORCE EVALUATION:

HQ AFPC/DPPAEQ recommends denial.  The  DOR  was  computed  in  a  fair  and
equitable manner and within governing directives and Reserve
Contract.  Recommend the applicant’s DOR remain 16 August 2001.

The DPPAEQ evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that the OPR  recommendation  is  not  warranted.   The
directive is outdated and does  not  address  her  situation.   AFI  36-2604
states, “Former AFROTC cadets ordered to EAD under Title 10, USC., 2105  and
2107,  keep  the  date  of  rank  specified  on  their  reserve   enlistment
contract.”  It implies that former AFROTC cadets did  not  have  a  previous
DOR.  Eighteen or nineteen year old cadet disenrolled from  AFROTC  have  to
give back time or money to the  Air  Force  and  have  to  be  involuntarily
recalled to active duty.  They have no  DOR  to  reinstate.   She  has  over
eleven years prior service and should not fall into that category.  She  was
only recalled to active duty because that is  what  the  regulation  stated.
The regulation is outdated and does not specifically address  former  AFROTC
cadets with prior  service.   Over  the  past  few  years  there  have  been
numerous disenrolled former AFROTC cadets with prior service.  It  does  not
seem fair that the regulation does  not  address  this  situation  and  just
arbitrarily take away the DOR that was worked so hard to attain.

Her complete submission 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.  The applicant contends that the  governing
regulation AFI 36-2604 is outdated and does  not  specifically  address  her
situation.   Nonetheless,  it  is  the  current  governing  authority   that
outlines date of rank for disenrolled AFROTC cadets.  Furthermore,  evidence
has not been provided which would lead us to believe that the rules  of  the
applicable regulations were inappropriately applied or that she  was  denied
rights to which she was entitled.  Therefore, we  agree  with  the  opinions
and recommendations of the Air Force offices 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-2003-01683
in Executive Session on 5 August 2003, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Mike Novel, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAEQ, dated 4Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 03.
    Exhibit E   Letter, Applicant, dated 24 Jun 03.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



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