RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03078
INDEX NUMBER: 102.03
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His extended active duty (EAD) date be changed from 24 Jun 04 to 17
Jun 04.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Air Force recruiters advised him there would be no break in service,
pay, and insurance for his family if he transferred from the Army to
the Air Force. He expected to leave the Army one day and be in the
Air Force the next day. Based on this information, he reported to his
Air Force assignment the next day after he was officially released
from the Army, 17 Jun 04. However, because he did not yet have
official orders, he could not in-process. When he received his
orders, his reporting date was 24 Jun 04. When he contacted HQ AFPC,
he was told he had been given wrong information.
In support of his appeal, the applicant provides a two-page statement
recounting the circumstances of his transfer to the Air Force and
letters of support from the recruiting service verifying he was given
wrong information, and a letter from his Air Force unit verifying he
was present for duty starting 17 Jun 04.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is serving on active duty in the grade of major. The
Personnel Data System reflects his EAD as 24 Jun 04 and his Total
Active Federal Military Service Fate (TAFMSD) as 20 May 87.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPMAF2 recommends denial of the applicant’s request. The
applicant was paid dislocation allowance (DLA). His EAD order was
published on 24 Jun 04 and faxed to the applicant the same day. It
indicated the applicant was to report not earlier than 0800 hours and
not later than 2400 hours on 24 Jun 04. Early reporting was not
authorized. Local recruiters and the Recruiting Service are not the
approval authority for EAD orders.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
22 Oct 04 for review and comment within 30 days. To date a response
has not been received.
_________________________________________________________________
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. We note AFPC/DPMAF2’s comment that
local recruiters and the Recruiting Service are not the approval
authority for EAD orders. However, as official representatives of the
Air Force in matters of enlistment or accession into the Air Force, we
believe it is incumbent upon them to provide proper and accurate
information when carrying out their duties. We find it reasonable the
applicant relied on the information they provided to him in making his
decision regarding his entry into the Air Force. The Air Force
recruiters have provided statements affirming they provided the
applicant erroneous information regarding his transition from the Army
to the Air Force. As such we believe this confirms the applicant has
been the victim of an error or injustice in this matter. Therefore, we
recommend his records be corrected as indicated below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was voluntarily
ordered to extended active duty effective 17 June 2004, rather than 24
June 2004, for a period of 36 months and continued to serve.
_______________________________________________________________
The following members of the Board considered Docket Number BC-2004-
03078 in Executive Session on 7 December 2004, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Patrick C. Daugherty, Member
Mr. James W. Russell, III, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPMAF2, dated 19 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 22 Oct 04.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2004-03078
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 XXXXXXX, XXXXXXX, be corrected to show that he
was voluntarily ordered to extended active duty effective 17 June
2004, rather than 24 June 2004, for a period of 36 months and
continued to serve.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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