RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-01658
INDEX CODE 113.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Military Service Obligation (MSO) should end in 6 years on 15 May
01 rather than in 8 years on 15 May 03.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Before she entered the Air Force in 1995, she was told by recruiters
in the Judge Advocate General’s (JAG) recruiting office in Washington
DC that there was a 4-year active duty service commitment with a 2-
year inactive Reserve commitment upon discharge. Since she doubted she
would want to remain in the military beyond the minimum period, she
specifically sought confirmation of that information in her personal
interview. Even the [HQ USAF JAG Accessions Branch] was unaware that
the inactive duty service commitment was 4 rather than 2 years. The
“corporate knowledge” of the corps was that there was a 2-year
commitment and she was far from the only one who had been given this
impression. In no other recruiting forms or brochures was she informed
that her inactive duty commitment was any particular amount other than
the 2 years of which she had been orally advised. She does not believe
her reliance on the recruiter’s statements was unreasonable. She has
tried before to have her MSO corrected but without success.
Several affidavits are provided in support of the appeal, including
one from the Chief of Judge Advocate Accessions confirming the
applicant’s contentions. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 May 95, the applicant was appointed to the Reserve grade of 1st
lieutenant, and assigned to the HQ ARPC, JAG Department. She was
ordered to extended active duty effective 8 Jun 95 for a period of 4
years. She was promoted to the grade of captain with a date of rank of
8 Dec 95. Upon completion of her required active service, she was
honorably released from active duty on 7 Jun 99 and transferred to the
Air Force Reserves. Her DD Form 214 indicates in Block 6 that her
Reserve Obligation Termination Date is 15 May 01.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPA concedes it is regretful that the applicant was
misinformed about the length of her MSO by the active duty recruiting
service; however, such errors do not justify the early termination of
her 8-year MSO. They assert that in May 01 they informed the applicant
that the correct expiration of her MSO was 15 May 03. They believe the
applicant has not supplied a reasonable justification that would
demonstrate her inability to serve in the Individual Ready Reserve
(IRR) through the term of her 8-year MSO. They feel the case she
presents does not warrant overriding the policy of the Department of
Defense Instruction (DODI) 1304.25. Denial is recommended.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 30 Aug 02 for review and comment within 30 days. 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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant curtailing the
applicant’s MSO. In this regard, the applicant made every reasonable
effort to determine what her MSO would be prior to entering the
service. Clearly, her decision to enter the military was based, in
part, on the length of her obligated service. Unfortunately, she was
erroneously informed that her obligation would be a total of six,
rather than eight, years. As confirmed by the affidavits she
supplied, even the HQ USAF JAG Accessions Branch was under the
mistaken impression that the inactive duty service commitment portion
was two years instead of four. We agree with the applicant that her
reliance on the recruiter’s statements was not unreasonable,
especially when Block 6 of her DD Form 214 indicated her Reserve
Obligation Termination Date was 15 May 01. We note the statute excerpt
provided by HQ ARPC/DPA indicates that members of an armed force shall
serve a total initial period of not less than six years nor more than
eight years. While present DOD policy normally requires members to
serve eight years, we believe the particular circumstances of this
case warrant an exception. The applicant acted in good faith on
mistaken advice and should not be held under continued obligation. We
therefore recommend that her MSO be changed to six years with a
termination date of 15 May 01.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that, on 15 May 2001, as
an exception to policy, she was transferred from the Obligated Reserve
Section to the Non-obligated, Non-participating Ready Personnel
Section effective 16 May 2001.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 29 October 2002 under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. Christopher Carey, Member
Mr. Billy C. Baxter, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number 02-
01658 was considered:
Exhibit A. DD Form 149, dated 4 Jun 02, w/atchs.
Exhibit B. Letter, HQ ARPC/DPA, dated 21 Aug 02.
Exhibit C. Letter, SAF/MRBR, dated 30 Aug 02.
PEGGY E. GORDON
Panel Chair
AFBCMR 02-01658
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 , be corrected to show that, on 15 May 2001, as an
exception to policy, she was transferred from the Obligated Reserve
Section to the Non-obligated, Non-participating Ready Personnel
Section effective 16 May 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2003 | BC-2002-03885
Applicant was appointed in the Reserve of the Air Force as a lieutenant colonel on 30 Sep 02, under the Retired Active Duty Reserve Accession Program (RADRAP). Since the applicant must be retired to apply under the Retired Active Duty Reserve Accession Program the applicant was not placed on the Reserve Active Status List (RASL) from the Active Duty List (ADL). Applicant’s complete response, with attachment, is at Exhibit E. In the applicant’s response to the HQ USAF/JAG opinion, he...
AF | BCMR | CY2007 | BC-2006-03672
Item 6 (Reserve Obligation Termination Date) of her DD Form 214 dated 27 Sep 02, be changed from “20090410” to “20040324.” b. She believed that when she was demobilized and transferred to the USAFR (as indicated on her DD Form 214), that her time towards fulfilling her Military Service Obligation (MSO) would continue. 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 and adopt...
AF | BCMR | CY2003 | BC-2002-01710
The Secretary certainly would not be authorized to include a provision in the contract that provided for recoupment in cases where an officer was involuntarily discharged for medical reasons when the statute otherwise provides that such discharge must be on the basis of a voluntary failure to complete active duty or because of misconduct. Finally, counsel discusses HQ USAF/JAG’s position that paragraph 6(b) of the HPSP contract controls regardless of the reason for disqualification, the...
AF | BCMR | CY2003 | BC-2003-00468
_________________________________________________________________ APPLICANT CONTENDS THAT: While he incurred a six-year service commitment to the Air Force (he elected to fulfill the commitment in the Air National Guard (ANG), his service commitment date should be the date of his commissioning (May 1997) and not the date he began service with the ANG: February 1998. The applicant incurred an 8-year service commitment as a result of the scholarship wherein he agreed to the Military...
AF | BCMR | CY2002 | BC-2002-00847
_________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force capped her years of service credit at seven years and the grade of captain. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 3 Jul 02 and 11 Oct 02 for review and response. Therefore, in the absence of sufficient evidence that the applicant’s constructive...
AF | BCMR | CY2003 | BC-2002-02341
The law was later changed and after 1 Feb 78, female officers and enlisted incurred a six-year MSO upon entering active duty. The DD Form 4 she signed at that time credited her with two years of inactive military service. Under that change, a six- year MSO would have been authorized for females who were enlisting in the Air Force by the time the applicant separated in 1979 but not for those, like the applicant, who enlisted prior to 1978.
On 2 Feb 91, he enlisted in the Washington Air National Guard (ANG); he transferred to the Air Force Reserve on 10 Dec 92. On 19 Feb 95, he was discharged from the Air Force Reserve with a General discharge by reason of Defective Enlistment – Fraudulent Entry. On 5 Jul 94, HQ AFRES/CV approved the findings and recommendations and the case file was forwarded to the Air Force Personnel Board (AFPB) for a determination as to whether the applicant should receive Lengthy Service Probation (LSP).
AF | BCMR | CY2003 | BC-2002-03421
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03421 INDEX CODE: 102.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Reserve commission be voided and her Reserve records be expunged from the Reserve system. We believe that the appropriate relief, under the existing circumstances, we be to correct her records to show that she was not considered for...
AF | BCMR | CY2011 | BC-2011-02113
She notes that even the Air Reserve Personnel Center (ARPC) Fact Sheet on the IRR does not disclose information about a Reserve officers promotion status and led her to believe that she would not be discharged unless she requested resignation of her commission. The applicants complete submission is at Exhibit A. The applicant was discharged from the Regular Air Force with a separation pay benefit prior to completing her MSO.
Counsel’s request with the AFBCMR response is at Exhibit F. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: By letter dated 15 June 2001, counsel advised that the applicant was ready to proceed and submitted additional materials for consideration. On 13 July 2001, counsel was notified by the AFBCMR that an additional advisory opinion was required prior to presenting the case to the Board for a decision (Exhibit H). By letter...