RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00755
            INDEX CODE:  112.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The DD Form 4/1, Enlistment/Reenlistment Document, Armed Forces of the
United States, be corrected to reflect his enlistment date in the  Air
Force Reserve (Obligated Reserve Section) for participation in the Air
Force Reserve Officer Training Corps (AFROTC) was 19  Apr  02,  rather
than 22 Mar 02.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was still on active duty performing his duties, as well as going to
school,  at  the  time  of  his  enlistment  in   the   AFROTC.    The
transformation from the Army to the Air Force was a confusing time for
all those involved with making  this  happen  for  him.   He  believes
mistakes were made in that confusion.

In support of his appeal, the applicant provided copies of his DD Form
214, Certificate of Release or Discharge from  Active  Duty,  DD  Form
4/1, and a letter from the Director,  Army  Board  for  Correction  of
Military Records (ABCMR).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Army on 3 Jul 96.

On 22 Mar 02, he enlisted in the Air Force Reserve (Obligated  Reserve
Section (OSR)) for the purpose of participating in the AFROTC  at  the
University of Louisville.

Applicant was honorably discharged from the Regular Army on 18 Apr  02
under the provisions of AR 635-200 (Enter Officer  Training  Program).
He was credited with 5 years, 9 months, and 16 days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommended denial noting on 26 Feb 02, the applicant signed
a DD Form 368 (Request for Conditional Release) to  present  and  have
signed by his releasing commander, who signed it on 28 Feb 02.  The DD
Form 368 states in block 3c “I understand I will be discharged from my
current status effective the day preceding the date of  my  enlistment
or appointment.  They noted he enlisted in the Air Force Reserve (ORS)
on 22 Mar 02.  According to AFOATS/JA, the applicant has not submitted
sufficient evidence to substantiate his request.  They noted he  tried
to correct his DD Form 214 through the ABCMR and was told  this  would
require him to pay back almost one month’s active duty pay.  The  ROTC
detachment submitted the proper paperwork to his previous  Army  unit,
requesting the applicant’s date of separation (DOS) be  effective  the
day before his enlistment into the Obligated  Reserve  Section  (ORS).
In AFOATS/JA’s view, although the applicant will incur a debt  to  the
Army, his DD  Form  214  was  not  properly  prepared  and  should  be
corrected by the Army to state he was released on 21 Mar 02.

A complete copy of the AFOATS/JA evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 9 Apr
04 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting corrective action regarding
the applicant’s request for a change in his date of enlistment in  the
Air Force Reserve (Obligated Reserve Section).  The evidence of record
indicates the applicant enlisted in the Air Force Reserve  on  22  Mar
02, yet continued to serve in the active duty Army until he  separated
on 18 Apr 04.  The applicant contends  transferring  from  the  active
duty Army to the Air Force Reserve was a confusing time  for  him  and
others involved in the process, resulting in mistakes being made.   We
also note the applicant attempted to have his records corrected by the
Army to change  his  date  of  separation,  but  was  advised  such  a
correction would require him to pay almost  one  month’s  active  duty
pay.  After a thorough review of the facts and circumstances  in  this
case, we are of the opinion the applicant may not have  been  properly
advised regarding his enlistment in the Air Force Reserve while  still
serving in the Army.  We believe  any  doubt  concerning  this  matter
should be  resolved  in  favor  of  the  applicant.   Accordingly,  we
recommend the applicant’s date of enlistment in the Air Force  Reserve
be changed from 22 Mar 02 to 19 Apr 02.  We further recommend that any
indebtedness incurred as a result of the change in  the  date  of  his
enlistment be waived.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  be  corrected  to  show  that  his  date  of
enlistment in the Air Force Reserve (Obligated Reserve Section) was 19
Apr 02, rather than 22 Mar 02; and, that any indebtedness incurred  as
a result of the change in his date of enlistment be waived.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-00755 in Executive Session on 18 May 04, under the provisions  of
AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Ms. Carolyn B. Willis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Feb 04, w/atchs.
    Exhibit B.  Letter, AFOATS/JA, dated 1 Apr 04.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Apr 04.




                                   BRENDA L. ROMINE
                                   Panel Chair










AFBCMR BC-2004-00755




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to , be corrected to show that his date of enlistment
in the Air Force Reserve (Obligated Reserve Section) was 19 Apr 02,
rather than 22 Mar 02; and, that any indebtedness incurred as a result
of the change in his date of enlistment be waived.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency