RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02240
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 January 2008

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APPLICANT REQUESTS THAT:

His date of rank (DOR) be changed from 27 May 05 to 27 Jun 02, the  date  he
entered the United States Air Force Academy (USAFA) as a cadet.

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APPLICANT CONTENDS THAT:

His current DOR is 27 May 05, the  date  the  Secretary  of  the  Air  Force
removed him from cadet status and transferred  him  to  active  duty  as  an
airman first class (E-3).

In support of the appeal, applicant submits a copy of AF  IMT  899,  Request
and authorization for Permanent Change of Station – Military, a copy of  his
USAFA Form 0-205, Record of Acceptance, Obligation, Reimbursement, and  Oath
of Allegiance, and  a copy of the Action of the Secretary of the  Air  Force
directing that the applicant be transferred to the Air Force Reserve  in  an
enlisted status and ordered to active duty for a  period  of  two  years  to
satisfy the active duty service commitment he  incurred  by  reason  of  his
attendance at the USAFA.

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

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STATEMENT OF FACTS:

Applicant entered the USAFA on 27 Jun 02.  On 29 Mar 05, he was  disenrolled
for violating the Cadet  Wing  Honor  Code  by  lying  and  tolerating.   In
addition, he received two Letters of Reprimand (one for failing  to  obey  a
lawful order when he discussed the investigation  surrounding  the  underage
drinking incident at the USAF Academy/Navy football game,  and  another  for
possessing alcohol, and telling others he had  alcohol,  at  the  USAFA/Navy
football game.  Also, on 29 Mar 05, he was  transferred  to  the  Air  Force
Reserve.  On 21 Jun 05, he was ordered to extended active  duty.   He  would
have been commissioned on 31  May  06,  if  his  training  would  have  been
completed successfully.

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AIR FORCE EVALUATION:

HQ USAFA/DPY states that their interpretation of  the  AFI  36-2502,  Airman
Promotion Program, Chapter 3,  Paragraph  3.1.6  and  AFI  36-2604,  Service
Dates and Dates of Rank, page 10,  paragraph  9.2.2  agrees  with  what  was
stated on the applicant’s orders.  When a cadet is disenrolled  or  relieved
from cadet status and transferred to the Air Force Reserves and  ordered  to
extended active duty AFI 36-2502, states “Prior service  disenrolled  airmen
receive  their  former  grade  and  DOR  with  the  effective  date  as  the
disenrollment  date;  second  year  disenrolled  airmen  receive  the  grade
determined by AFI 36-2604.”  AFI 36-2604, states “Former Air  Force  Academy
cadets transferred to the Air Force Reserve and ordered to EAD  under  Title
10,  U.S.C.,  9348,  keep  the  DOR  established  on   disenrollment.    The
disenrollment order records the DOR.”

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  1
September 2006 for review and comment within 30  days.   As  of  this  date,
this office has received no response.

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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.  In this respect, we note that  on  29  Mar
05, the applicant was disenrolled from the  USAFA  for  violating  the  Wing
Cadet Honor Code by lying and tolerating.  On 21 Jun 05, he was  transferred
to the Air Force Reserve (AFRes) in the grade of airman  first  class  (E-3)
and involuntarily ordered to extended active duty (EAD) for a  period  of  2
years to satisfy the active duty service commitment he  incurred  by  reason
of his attendance at the USAFA.  The applicant requests his DOR  be  changed
to the date he entered the USAFA and took his Oath  of  Allegiance  (27  Jun
02), contending that since Reserve  Officer  Training  Corps  (ROTC)  cadets
that are removed from cadet status and transferred to active duty receive  a
DOR of the  day  they  entered  ROTC,  he  should  receive  similar  relief.
However, he is not a former ROTC cadet and in accordance with the  governing
Air Force Instruction, as a former USAFA cadet  transferred  to  the  AFRes,
his  DOR  should  be  21  Jun  05,  the  date  established  on   his   USAFA
disenrollment order.  Despite this, when  he  in-processed  at  his  gaining
base, his DOR was  erroneously  established  as  27  May  05,  based  on  an
automatically projected date in the Military Personnel Data  System,  rather
than the actual established  DOR  of  21  Jun  05  indicated  on  his  USAFA
disenrollment order.  While the  Board  cannot  make  a  correction  to  the
applicant’s record that is to his detriment, we  highly  recommend  he  take
action to promptly resolve his incorrect DOR since the  Comptroller  General
has held that once an individual has been put on notice that they are  being
overpaid,  they  can  no  longer  employ  the  argument  they  accepted  the
overpayment in good faith.  Therefore, in the absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

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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.

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The following members of the Board considered  Docket  Number  bc-2006-02240
in Executive Session on 12 October 2006, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Ms. Janet Hassan, Member
                       Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ USAFA/DPY, dated 15 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Sep 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair