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AF | BCMR | CY2004 | BC-2003-03840
Original file (BC-2003-03840.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-03840
            INDEX CODE 112.02
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Enlistment (DOE) be changed to 15 Aug 90 and his  Date  of
Rank (DOR) to E-6 be changed to 1 Apr 98.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His total inactive service should be added to  his  DOE  and  his  DOR
adjusted.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Marine  Corps  on  11  Jun  91.  He  was
promoted to the grade of E-6 with a DOR of  1  Apr  98  and  honorably
discharged on 15 Nov 01 after ten years, five months and six  days  of
active service. He also had 9 months and 27  days  of  prior  inactive
service.

He enlisted for a period of four years with the Regular Air Force  and
was ordered to extended active duty (EAD) on 28 Jun 02. Based  on  his
break in service, his DOR for E-6 was adjusted to 12 Nov 98.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO advises that a Statement of Service (SOS) and a Date  of
Rank  Adjustment  were  accomplished  and   correctly   verified   the
applicant’s service dates. His Total Prior Inactive Service  time  has
no effect whatsoever on the DOE. His DOE is his EAD date of 28 Jun 02.
Prior to enlisting in the Air Force, the applicant had  a  1  year,  7
month and 11 day break in service that adjusted
his DOR to 12 Nov 98. Based on governing directives,  the  applicant’s
service dates were  computed  correctly  and  his  request  should  be
denied.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 24 Dec 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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. After a thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
his DOE and DOR should be changed as requested.  His  contentions  are
duly noted; however, we do  not  find  these  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force. The applicant’s Total Prior  Inactive  Service  time
has no effect on the DOE. Governing directives required his DOR to E-6
be adjusted to 12 Nov 98 because of the more than one  year  break  in
service. We therefore agree with the recommendations of the Air  Force
and adopt the rationale expressed as the basis for our  decision  that
the applicant has not sustained his burden of having  suffered  either
an error or an injustice. In view of the above and  absent  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially add to our understanding of the issues involved. Therefore,
the request for a hearing is not favorably considered.

_________________________________________________________________

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  this  application  in
Executive Session on 11 February 2004 under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Ann-Cecile McDermott, Member
                 Ms. Leslie E. Abbott, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-03840 was considered:

   Exhibit A.  DD Form 149, dated 15 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 19 Dec 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 24 Dec 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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