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AF | BCMR | CY2002 | 0201658
Original file (0201658.doc) Auto-classification: Approved

                            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

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