RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03711
INDEX CODE:
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 OCT 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show Air Force Form 766, Extended Active
Duty Order, Block 13 is amended to read 1 October 2004, instead of 13
October 2004.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told by personnel within the Security Forces and his Military
Personnel Flight (MPF) that he could report up to 30 days prior to 13
October 2004, the date on his order.
In support of his application, the applicant provided a copy of AF
Form 766, dated 1 September 2004.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant completed ROTC and was appointed a second lieutenant
with an effective date of 13 October 2004.
On 1 October 2004, the applicant reported for duty at Sheppard AFB,
Texas. He was briefed by finance that there was no travel entitlement
prior to 13 October 2004.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAO recommends denial. DPPAO states that in accordance with
AFROTCI 36-2018, paragraph 8.12.7, each cadet should be provided with
a memorandum of instruction to commissionee, which states “Do not
report to your assigned duty location until the dates specified in
your orders. You are also cautioned not to begin travel until the
effective date specified in your orders. To do so will subject you to
forfeiture of travel pay.” In addition to the memo, the member
received an EAD order, AF Form 766, that clearly states (in block 13)
in bold letters “Do not begin travel prior to your effective date of
duty.”
All detachment commanders are required to provide the aforementioned
memo. The applicant incorrectly refers to his order as a permanent
change of station (PCS) order in blocks 5 and 9 of the DD Form 149,
when in fact it is an EAD order. This misinterpretation of the
correct type of order the member was issued could possibly have led to
erroneous information and guidance from the MPF; however, this cannot
be confirmed.
DPPAO also states that based on the guidance provided in the
memorandum of instruction and member’s receipt of EAD orders with
specific reporting instructions, it is recommended that his request be
denied. It is safe to assume member was provided with proper
reporting instructions prior to any guidance received from the MPF.
The DPPAO evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
11 February 2005 for review and response. 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 took notice of the
applicant’s complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. The Board also notes, Block 13 of the applicant’s
Extended Active Duty Order, clearly instructs him not to begin travel
prior to 13 October 2004, the effective date of duty. Therefore, in
the absence of evidence to the contrary, the Board finds 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 Docket Number BC-2004-
03711 in Executive Session on 26 April 2005, under the provisions of
AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAO, dated 7 Feb 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Apr 05.
B. J. WHITE-OLSON
Panel Chair
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