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AF | BCMR | CY2004 | BC-2004-03078
Original file (BC-2004-03078.doc) Auto-classification: Approved

                       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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