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AF | BCMR | CY2004 | BC-2004-00202
Original file (BC-2004-00202.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00202
            INDEX CODE:  112.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His total years of service be changed to reflect that he has  less  than  14
years of service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the time between his first Expiration of Term of  Service  (ETS)  and
his second enlistment he did not drill with the Guard  or  get  paid.   That
time period does not count as good time but  keeps  him  from  receiving  an
enlistment bonus.  To count those years  as  years  in  the  service  is  an
injustice because he still has to serve 20 good years towards retirement.

In support of his request, applicant provided copies of  his  DD  Form  214,
and DD form 1966.  His complete submission, with attachments, is at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the documentation provided  by  the  applicant  reflects
that he enlisted in the United Stated Army on 8  Mar  76  and  was  released
from active duty on 7 Mar 79.  He reenlisted in the Army on  4  Aug  80  and
was discharged on 3 Aug 83.  He served tours in the Army Guard from  25  Jul
97 through 24 Jul 98 and from 5 Jan 01 through 21 Nov 02. He served  in  the
Army Reserves from 27 Mar 03 through 15 Oct 03.   He  enlisted  in  the  Air
Force reserves on 16 Oct 03.  Upon entry, his pay date was  adjusted  to  15
Mar 89.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPM recommends denial.  DPM states he does  not  meet  the  eligibility
requirements to receive a bonus.  One of the eligibility requirements for  a
prior service or reenlistment bonus is that members have less than 14  years
of service based on pay date.  At the time of his enlistment on 16  Oct  03,
he was over 14 years.  He reached 14 years in March 2003.  His adjusted  pay
date of 15 Mar 89,  was  adjusted  because  of  the  breaks  in  service  he
incurred.  His adjusted pay date was  verified  and  is  correct.   The  DPM
evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12  Mar
04 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.  We find no evidence of an  error  in  this
case, and after thoroughly reviewing the documentation provided  in  support
of his appeal, we do not believe he has been the  victim  of  an  injustice.
We took notice of the applicant's complete submission in judging the  merits
of the case; however, it is our opinion that his  service  dates  have  been
properly computed and the policy regarding his  eligibility  to  receive  an
enlistment bonus has been appropriately applied.  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-2004-
00202 in Executive Session on 13 Apr 04, under the  provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Kathleen Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jan 03, w/atchs.
    Exhibit B.  Letter, AFRC/DPM, dated 8 Mar 04.
    Exhibit C.  Letter, SAF/MRBR, dated 12 Mar 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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