RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02665

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His pay date be changed from 7 October 1980 to 30 June 1980.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He enlisted in the Naval Reserve on 30 June 1980 and was discharged on
16 June 1981.  The paperwork was dated 16 June 1981, the same date  as
the discharge.  When he came on active duty, they noticed the  mistake
and reaccomplished his paperwork for 24 September 1981, giving him  no
credit for his reserve time.

In support of his request applicant provided a copy  of  his  DD  Form
1966, Application for Enlistment-Armed Forces of the United States, DD
Form 13, Statement of  Service,  DD  Form  4,  Enlistment/Reenlistment
Document, Reserve Order #118, dated 9 Sept 81, AF Form 2030, USAF Drug
Abuse Certificate, Enlistment/Travel Order #192-1, 24 Sept 81, AF Form
3007, Enlistment Agreement (Non-prior service) and  a  certificate  of
Delayed Entry Program into the Navy.

Applicant's complete submission, with attachments, is an Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving in the Regular Air Force in  the  grade
of MSgt. Applicant’s payday is 7 October 1980 as  of        25  August
2004.

On 30 June 1980, the applicant enlisted in the US Naval Reserve  under
the Delayed Program.

On the applicant’s DD Form 1966, Application for Enlistment, it  shows
his date of entry (DOE) into the Air Force was 24 September 1981. Item
20c of the form, Pay Entry Date, was adjusted to read 23 October  1980
because the member did not have military status from the period 2 June
1981 through  23  September  1981  while  on  the  Delayed  Enlistment
Program. The applicant enlisted into  the  Regular  Air  Force  on  24
September 1981 for a period of four years  and  his  Entry  on  Active
(EAD) order (same date)  from  Baltimore  Armed  Forces  Entrance  and
Examining Station, directed the applicant to report  to  Lackland  Air
Force Base, TX for basic training not later than 25 September 1981

Reserved Order 118,  dated  9  September  1981,  shows  applicant  was
discharged from the USAFR on 16 June 1981.

On 13 June 1981, the applicant signed AF Form 2030,  USAF  Drug  Abuse
Certificate, however, a  subsequent  Statement  of  Understanding  was
signed on 4 June 1981, showing it was a recertification.

On  16  June  1981,  applicant  signed  DD  Form  4,  confirming   his
enlistment.  However, Section F of this form, Approval and  Acceptance
by Service Representative, is not completed.  There is  no  indication
the applicant was in the USAF Delay Enlistment Program or that he  was
released from that program.

On 1 June 1981, a  form  from  the  Navy  Recruiting  Station  in  New
Orleans, LA, shows that on 1 June 1981, the Navy determined  that  the
applicant would be discharged from the USNR DEP  and  not  recommended
for reenlistment.

An AF Form 1613, Statement of Service, was prepared by the  Air  Force
on 28 October 1981, showing the applicant’s USNR enlistment date of 30
June 1980, USNR discharged on 16 June 1981, and his enlistment in  the
USAF on   24 September 1981.   This  document  is  in  error,  as  his
discharge was actually 1 June 1981.  A new Statement  of  Service  has
been prepared to show  the  applicant’s  correct  discharge  date  and
correct pay date as 22 October 1980.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial and stated that the applicant  submitted
uncompleted and inconclusive documentation, which does not  show  that
he was discharged from the USN DEP and enlisted in the USAF DEP on the
next day, thereby having continuous military  service  since  30  June
1980.  AETCI 36-2002 clearly states “Applicants without  any  previous
service are allowed  to  enter  the  DEP  for  365  days.   Since  the
applicant had already entered the USN DEP, he was  not  authorized  to
enter the USAF DEP. Due to the break in service between the  USNR  and
USAF, the applicant’s Pay Date is listed as 22 October  1980,  and  is
correct.

AFPC/DPPAE complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and  stated  the  attached
documents  for  review  prove  that  he  had  no  break  in   service.
Attachment A has been written out to show how his DD  Form  13  should
look.  Attachment B shows his enlistment in the USNR on 30 June  1980.
Attachment C shows his discharge from the USNR effective 16 June 1981.
 Attachment D shows his immediate  reenlistment  in  the  USAFR  delay
enlistment program.  Attachment E shows his  release  from  the  USAFR
backdated to 16 June 1981.  It should reflect his discharge date as of
23 September 1981  versus  16  June  1981  as  reflected  on  atch  D.
Attachment F shows  his  entry  on  Active  Duty  24  September  1981.
Attachment G Enlistment Travel Order 192-1  will  show  his  entry  on
Active Duty as 24 September 1981 and  his  discharge  from  the  USAFR
effective 23 September 1981.  Documentation indicates beyond  a  doubt
that he had no break in service.  He  provided  documentation  to  the
AFBCMR that proves this fact; however, it appears it was overlooked in
their initial evaluation.  He is asking for another  review  of  these
documents to have his pay date corrected to 30 June 1980.

Applicant’s complete response, with attachments, is at Exhibit E.
_________________________________________________________________

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 an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that his pay date should be changed. Applicant’s contentions
are duly noted; however, we agree with the opinion of  the  Air  Force
office of primary responsibility and adopt its rationale as the  basis
for  our  conclusion.   In  this  regard,  we   note   the   available
documentation shows the applicant did not have military status for the
period 2 June 1981 to 23 September 1981. Therefore, in the absence  of
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend favorable consideration of his request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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 Docket  Number  BC-2004-
02665 in Executive Session on 4 January 2005, under the provisions  of
AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Kathleen F. Graham, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Aug 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAOR, dated 24 Sep 04.
      Exhibit D. Letter, SAF/MIBR, dated 8 Oct 04.
      Exhibit E. Applicant's response, dated 22 Oct 04.





      PATRICIA D. VESTAL
      Panel Chair