Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02910
Original file (BC-2003-02910.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02910
            INDEX CODE:  102.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Total Active Federal  Military  Service  Date  (TAFMSD)  be  changed  to
reflect 22 Aug 88, rather than 22 Aug 94 so that she  can  retire  in  2008,
rather than 2014.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to entering active duty she served in the Army National Guard  for  18
years.  Her recruiter told her that she would receive  8  years  credit  for
the time she served in the  Guard.   However,  she  only  received  2  years
credit for the time she served.  If she had known  she  would  have  had  to
serve an additional 18 years to retire she would have stayed in  the  Guard.
She was only a few years away from retirement in the Guard.

In  support  of  her  request,  applicant  provided  a  personal  statement,
Statements of Service, and documentation  associated  with  her  appointment
into the Air Force, a personnel data system printout,  and  a  copy  of  her
point history statement.  Her complete submission, with attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in  the  Army  National  Guard  on  14  Sep  77  and  was
discharged on 27 Nov 88.  She was appointed a second lieutenant in the  Army
National Guard on 28 Nov 88 and was discharged from the Army National  Guard
on 15 Jul 96.  On 16 Jul 96, she was appointed a  captain,  Reserve  of  the
Air Force and was voluntarily ordered to extended active duty on 29 Jul  96.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial.  DPPAO states that the applicant's TAFMSD  was
computed correctly in accordance with AFI 36-2604.  Table 1, Rule 1,  states
"when there is no break in AD from date of original entry  on  active  duty,
the TAFMSD is the date of original entry on active duty,  when  there  is  a
break in active duty, the TAFMSD is later than the date  of  original  entry
on AD by a period equal to the break or breaks.  Does not include  AD  while
a student at Uniformed Services University  of  Health  Sciences  of  Health
Professions Scholarship Program.  Includes concurrent enlisted cadet  status
and solely cadet status at a service academy for airmen  only."   The  DPPAO
evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  states  that  the  problem  is  not  with  computing  her  TAFMSD
correctly; the  problem  is  not  having  been  provided  with  the  correct
information by the Air Force  Recruiter.   Her  complete  submission  is  at
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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however,  we  do  not
find her uncorroborated assertion of miscounseling  sufficiently  persuasive
to override the rationale provided by the Air Force.  It  appears  that  her
TAFMSD was computed correctly upon her appointment and we  see  no  evidence
which would lead us to believe  that  she  is  entitled  to  any  additional
service credit.  Therefore, we agree with the opinion 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 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 AFBCMR Docket Number  BC-2003-
02910 in Executive Session on 13 Nov 03, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory H. Petkoff, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Aug 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAO, dated 1 Oct 03, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Oct 03.
    Exhibit D.  Letter, Applicant , dated 28 Oct 03.




                                   RICHARD A. PETERSON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00978

    Original file (BC-2003-00978.DOC) Auto-classification: Denied

    _________________________________________________________________ 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). 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. _________________________________________________________________ AIR FORCE...

  • AF | BCMR | CY2003 | BC-2002-01661

    Original file (BC-2002-01661.DOC) Auto-classification: Denied

    However, should the Board approve the relief sought, the record should be corrected to reflect a pay date of 17 Mar 87. The applicant’s complete submission, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, the following legal opinion is provided. Exhibit F. Letter, HQ USAF/JAG, dated 28 Feb 03.

  • AF | BCMR | CY2003 | BC-2002-00141

    Original file (BC-2002-00141.DOC) Auto-classification: Approved

    The three conditions that appeared most problematic were left arm plexopathy, right hip girdle and groin pain, and adjustment disorder. In the summer of 1998 she developed disabling right hip girdle and groin pain associated with an apparent spider bite that continued to prevent her from participating in cadet physical training activities at the time of graduation. The Medical Consultant evaluation is at Exhibit C. AFPC/DPPAO recommends denial.

  • AF | BCMR | CY2004 | BC-2003-03593

    Original file (BC-2003-03593.DOC) Auto-classification: Denied

    His time in service dates were adjusted by the four months and five days of his break in service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPAO recommended denial indicating that the time frame from when the applicant was discharged to the time he returned to active duty was less than two years, which entitled him to 50 percent of his time in grade as a staff sergeant. A complete copy of the AFPC/DPPAO evaluation is at Exhibit...

  • AF | BCMR | CY2003 | BC-2002-03805

    Original file (BC-2002-03805.doc) Auto-classification: Denied

    The complete evaluation, with attachment, is at Exhibit C. _____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In her response to the Air Force evaluation, applicant reiterates her request to change her DOR to her original active duty date of 1 Jul 00 or in the alternative consideration for her time served in the Air Force Reserve. _____________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of...

  • AF | BCMR | CY2006 | BC-2005-02238

    Original file (BC-2005-02238.doc) Auto-classification: Denied

    This is also the applicant’s pay date. Due to the fact the applicant was obligated 22 Oct 80 and his eligibility started in Aug 81, his request should be denied. The applicant’s service dates were computed correctly in accordance with AFI 36-2604, Service Dates and Dates of Rank.

  • AF | BCMR | CY2003 | BC-2002-01451

    Original file (BC-2002-01451.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01451 INDEX CODE: 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2001B (CY01B) Central Lieutenant Colonel Selection Board, be amended in the "Assignment History" section by adding the duty title of “Joint Information...

  • AF | BCMR | CY2002 | 0201910

    Original file (0201910.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01910 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Total Active Federal Military Service Date (TAFMSD) be changed from 8 Jul 84 to 20 Jul 83. Exhibit C. Letter, SAF/MRBR, dated 19 Jul 02. ROSCOE HINTON, JR. Panel Chair AFBCMR 02-01910 MEMORANDUM FOR THE CHIEF OF STAFF Having...

  • AF | BCMR | CY2004 | BC-2004-00224

    Original file (BC-2004-00224.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00224 INDEX NUMBER: 131.05 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to retain the date of rank (DOR), 1 May 94, of his promotion to staff sergeant (SSgt) while in the Air Force Reserve. On 17 Aug 93, the applicant enlisted in the Air Force Reserve. Exhibit D. Letter, SAF/MRBR,...

  • AF | BCMR | CY2000 | 0001666

    Original file (0001666.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01666 INDEX CODE: 111.01, 126.03, 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Any mention of a Letter of Admonishment (LOA) for an alleged unprofessional relationship be removed from her records, including her officer performance report (OPR) closing 5 May 99. In JA’s view, relief should be...