RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02421
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Delayed Enlistment Program (DEP) time be credited toward her pay
date, and that her pay date be changed from 10 Mar 86 to 6 Jan 86.
Her pay grade reflect her prior enlisted service with 16 years of
total credit toward pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she transferred from the Navy to the Air Force Reserve, she
should have been credited for her DEP time, and that her pay grade
should have reflected her prior enlisted service with 16 years of
total credit toward pay.
In support of her appeal, the applicant provided copies of her
appointment order, leave and earnings statements, and basic and drill
pay charts.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate that she was
appointed a captain, Reserve of the Air Force, on 1 Apr 03, with a pay
date of 9 May 86. Her Total Years Service Date (TYSD) and Total
Federal Commissioned Service Date were 10 Dec 96.
An AF Form 973, dated 28 Jul 03, indicates that the applicant’s TYSD
and TFCSD were changed to 11 Oct 96. Her date of rank (DOR) was
changed from 30 Dec 00 to 1 Nov 00. Her pay date was changed from 9
May 86 to 10 Mar 86, and her retirement/retention (R/R) year was
changed from 11 Oct 96 to 1 Apr 03.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA indicated that administrative actions have been taken to
correct the applicant’s service dates, crediting her with over
17 years toward pay. However, they recommended denial of the
applicant’s request to be credited for her DEP time. They indicated
that Title 37, United States Code, Section 205, does not authorize
credit for pay date computation when members enlist in a Reserve
component, which DEP time is considered, before the member begins
service on active duty.
A complete copy of the ARPC/DPA evaluation, with attachments, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 8 Aug
03 for review and response. As of this date, no response has been
received by this office (Exhibit C).
_________________________________________________________________
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.
a. With regard to the applicant’s request that her pay grade
reflect her prior enlisted service with 16 years of credit toward pay,
we note that administrative corrections have been made to her records,
to include her service dates and pay eligibility. Therefore, it does
not appear that any further corrective action is necessary concerning
this matter.
b. Concerning her request that her DEP time be credited toward
her pay date, we agree with the opinion and recommendation of the Air
Force and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.
Therefore, in the absence of sufficient evidence to the contrary, we
find no compelling basis to recommend granting this portion of her
appeal.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2003-02421 in Executive Session on 4 Nov 03, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Cheryl Jacobson, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jul 03, w/atchs.
Exhibit B. Letter, ARPC/DPA, undated, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 Aug 03.
CHARLENE M. BRADLEY
Panel Chair
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