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Decision Text

AF | BCMR | CY2014 | BC 2014 02794
Original file (BC 2014 02794.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02794
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His Pay Date be changed from 27 Dec 00 to 26 Jul 00.

________________________________________________________________

APPLICANT CONTENDS THAT:

The U.S. Coast Guard determined that his pay date was 26 Jul 00, 
not 27 Dec 00.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to his DD Form 4/1, Enlistment/Reenlistment Document 
Armed Forces of the United States, on 26 Jul 00, the applicant 
enlisted in the U.S. Navy Reserves Delayed Entry/Enlistment 
Program (DEP).

According to his DD Form 4/1, on 27 Dec 00, the applicant 
enlisted in the Air National Guard (ANG) for a period of six 
years in the grade of Airman Basic (AB, E-1). 

According to Special Order AB-102, on 9 Jan 03, the applicant 
was honorably discharged from the ANG and the Air Force Reserves 
and on 10 Jan 03, he was transferred to the U.S. Navy Reserves. 
He was credited with 2 years and 13 days of total service. 

________________________________________________________________

AIR FORCE EVALUATION:

DFAS-IN/JFEAA recommends denial.  On 26 Jul 00, the applicant 
entered the U.S. Navy Reserve for the purpose of delayed entry.  
According to DoD 7000.14-R, Financial Management Regulation, 
Volume 7A, Chapter 1, Subparagraph 2(a), For enlistments entered 
into on or after 29 Nov 89 “A period of enlisted service in a 
Reserve Component under 10 U.S.C. 12103(b) or (d), including 
inactive service under a DEP, is creditable service only if the 
member performs inactive duty before beginning active duty or an 
initial period of active duty for training.”  The applicant did 
not report for duty but was delayed entry from 26 Jul 00 through 
26 Dec 00; therefore, this period of time is non-creditable.  

The complete DFAS 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 26 Jan 15 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an 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 the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2014-02794 in Executive Session on 17 Mar 15, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                      , Member
	                  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 Jul 14, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, DFAS-IN/JFEAA, undated.
	Exhibit D.  Letter, SAF/MRBR, dated 26 Jan 15.




                                   
                                   
                                  


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