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AF | BCMR | CY1999 | 9803570
Original file (9803570.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03570
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reserve commission be reinstated and her separation code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She completed her active duty  service  commitment  and  was  released,  not
resigned, from the Air Force to pursue a reserve assignment.

In support of her appeal, the applicant provided a personal statement.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 29 October 1990, she was commissioned in the Air Force  Reserves  in  the
grade of second lieutenant.

On 15 December 1997, she  tendered  her  resignation  and  requested  to  be
released from active duty.

On 15 June 1998, applicant was separated in the grade of captain, under  the
provisions of AFI 36-3207  (Completion  of  Required  Active  service),  and
received an honorable discharge.  She served 7 years, 7 months and  17  days
total active duty.

_________________________________________________________________






AIR FORCE EVALUATION:

The Directorate of Personnel Program  Management,  HQ  AFPC/DPPRS,  reviewed
this application and  states  that  the  AF  Form  780  (Officer  Separation
Action) contained in her master personnel record clearly indicates  that  on
15 December 1997, she tendered her resignation and  requested  that  she  be
released from active duty.  Therefore, they recommend denial of  applicant’s
request.

A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

While completing the required documents to be released from active  duty  in
1997, she was unaware as to the meaning of “resigning  her  commission”  and
being released from active duty.  She asked the personnel  at  her  military
personnel flight (MPF) which box needed to be checked as to the  reason  for
separation and she was told to mark “resign  my  commission.”   In  addition
she was working with a reserve recruiter during this time,  and  this  error
was unfortunately overlooked.  While  she  was  requesting  separation  from
active duty, she completed paperwork  for  a  reserve  assignment.   It  had
taken a  few  months  after  her  separation  to  get  her  flying  physical
completed  and  waivers  accepted.   While  being  offered  a  flight  nurse
position two months ago, it was noticed that she had  resigned  her  reserve
commission in error.

Applicant’s complete response is attached 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  Based on the  applicant’s  action
in attempting to obtain a position in the Air Force Reserves, it is  obvious
that she was  either  miscounseled  or  misunderstood  the  requirements  to
retain her commission at the time she applied  for  separation  from  active
duty.  Since the granting of her request is in the  best  interest  of  both
the Air Force and the individual applicant, we can find no cogent reason  to
deny her request.  Therefore, we recommend her records be corrected  to  the
extent 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:

      a.  She was not discharged on 15 June 1998, but on that  day  she  was
relieved from active duty and transferred to the Air Force Reserve.

      b.  Her separation code changed to “MBK.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 June 1999, under the provisions of AFI 36-2603:

            Mr. Robert W. Zook, Panel Chair
            Mr. Philip Sheuerman, Member
            Ms. Olga M. Crerar, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 December 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 24 February 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 15 March 1999.
   Exhibit E.  Letter, Applicant, dated 18 March 1999.




                 ROBERT W. ZOOK
                 Panel Chair


AFBCMR 98-03570





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 APPLICANT be corrected to show that:

            a.  She was not discharged on 15 June 1998, but on that day she
was relieved from active duty and transferred to the Air Force Reserve.

            b.  Her separation code changed to “MBK.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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