RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2002-02341
INDEX CODE 0202341
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records reflect two years of inactive Reserve service performed
after her first enlistment (2 Sep 75 - 31 Aug 79).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she separated after her first enlistment in 1979, she was told
she was not completely released from the Air Force and she needed to
keep her uniforms because she was obligated to the Air Force for two
more years in the inactive Reserves. Documentation for the inactive
Reserve service, which she incurred/served following her first
enlistment, is now missing. However, two years of inactive military
service are indicated on the DD Form 4 for her second enlistment,
which started on 28 Mar 83. Some type of source document which
reflected her prior military service (active and inactive) had to have
existed at the time of her second enlistment; otherwise, the
individual completing the DD Form 4 could not have included it in her
reenlistment document. She believes she is entitled to credit for a
two-year military service obligation (MSO) as a result of two years
spent in the inactive Reserves.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 Apr 75, the applicant signed a DD Form 4, Enlistment Contract,
which committed her to six years in the Air Force Reserve.
On 2 Sep 75, she entered active duty, signing another DD Form 4
committing her to four years on active duty. On 31 Aug 79, she was
honorably discharged from active duty for expiration of term
of service with four years of active service. When a member is
transferred to the Reserves, the DD Form 214 will reflect “USAFR” in
Block 9, Command to Which Transferred, and “Release from Active Duty”
in Block 25, Type of Separation. Blocks 9 and 25 on the applicant’s DD
Form 214 reflect “Not Applicable” and “Discharge,” respectively.
According to HQ AFPC/JA, at the time of this enlistment, female
enlistees did not incur an MSO under the law in existence at that time
(Title 10, USC, Section 651). The law was later changed and after 1
Feb 78, female officers and enlisted incurred a six-year MSO upon
entering active duty. This change did not apply to the applicant.
On 28 Mar 83, the applicant reenlisted in the Air Force. The DD Form 4
she signed at that time credited her with two years of inactive
military service. The applicant remained on continuous active duty
until her retirement in Jan 03.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/JA believes that when the applicant signed the new DD Form 4
contract in Sep 75, which obligated her to four years of active
service, it superceded the previous DD Form 4 signed in Apr 75 and
essentially released her from her six-year contract with the Air Force
Reserve. Accordingly, when she was discharged four years later, she
incurred no MSO beyond her four years of active duty service. Assuming
the applicant’s memory of her 1979 separation briefing is correct, the
person giving the briefing was merely mistaken. This purported error
may have occurred as a result of the change in the law which occurred
in 1978, after her entry into active duty. 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. The 1983 DD
Form 4 erroneously reflected a credit for two years of inactive
military service that she never served. This document, unlike the DD
Form 214, is not considered a source document that can be relied upon
to reflect the applicant’s prior service. The applicant has not
provided, nor does the Personnel Center have in its possession, any
authoritative source document that shows she served these two years of
inactive service. They conclude only one error occurred in this case.
That is, the 1983 DD Form 4 should not have reflected two years served
in the inactive Reserve. Her DD Form 214 does not show a transfer to
the Reserves, and the law authorizing females to incur a six-year MSO
was not effective until 1978. Denial is recommended.
A complete copy of the evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 7 Mar 03 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded that her records should reflect two years of inactive
Reserve service performed after her first enlistment. The applicant’s
contentions are duly noted; however, we do not find these
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore adopt the rationale expressed as the basis for our decision
that the applicant has failed to sustain his burden of having suffered
either an error or an injustice. In view of the above and absent
persuasive evidence to the contrary, we conclude this appeal should be
denied.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 17 April 2003 under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Robert H. Altman, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2002-02341 was considered:
Exhibit A. DD Form 149, dated 17 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/JA, dated 28 Feb 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 Mar 03.
ALBERT F. LOWAS, JR.
Panel Chair
_________________________________________________________________ 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. _________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPA concedes it is regretful that the applicant...
AF | BCMR | CY2002 | BC-2002-00989
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00989 INDEX CODE 100.01 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The DD Form 214 issued upon retirement be changed to reflect the current legal name of “------.” rather than “-----.” _________________________________________________________________ APPLICANT CONTENDS THAT: On 12 February 2002, she...
INDEX CODE: 113.04 AFBCMR 01-02341 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2003 | BC-2002-01798
Subsequent to his name change and gender reassignment on 31 Jul 98, the applicant submitted an application to the Board requesting a DD Form 214 correction to reflect the name as J---- Marie W----. DPSAMP states that Air Force personnel records correctly reflects the applicant's name and gender during the period of service and on the date of retirement. In this case the DD Form 214 is correct as of the date of retirement.
AF | BCMR | CY2004 | bc-2003-02381
_________________________________________________________________ AIR FORCE EVALUATION: AFRC/DPM recommends the application be denied and states, in part, that the Air Reserve Forces Meritorious Service Medal (ARFMSM) is awarded to enlisted members for exemplary behavior, efficiency, and fidelity while serving in an enlisted status in the Air Force Reserve for three continuous years of service. After a thorough review of the evidence of record and applicant’s submission, we are not...
ARMY | BCMR | CY2005 | 20050018023C070206
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2005 be corrected to show: a. Her DD Form 214 for the period ending 10 May 1998 shows the third digit of her SSN as “7.” Item 3 shows her Reserve obligation termination date as 23 June 2002 in item 6 and item 11 shows she served in PMOS 92Y10 for a period of 9 months. As any annual and/or weekend training the applicant may have accomplished prior to the date...
AF | BCMR | CY2004 | BC-2003-01135
Counsel states that the applicant was not separated because of a pre-existing condition, which was aggravated by active duty service. The majority of the Board believes that the BCMR Medical Consultant’s findings provide a reasonable basis to conclude that the injury to the applicant’s elbow while on active duty was a new and distinct injury rather than EPTS. Given that the applicant disclosed her previous elbow injury during her enlistment physical and was given a waiver, the majority of...
AF | BCMR | CY2003 | BC-2002-02532
The rater submitted a letter of support stating "Had I known that a privileging hearing would exonerate [the applicant] of these professional charges I would not have signed off on the OPR." The sexual harassment allegations were fabricated and Major --- and Lt Col --- escalated the allegations to eliminate the applicant. Lt Col --- presented the rater with the Report of Inquiry in which the JAG wrote and determined sexual harassment occurred.
AF | BCMR | CY2005 | BC-2004-03396
She was returned to active duty on 23 Nov 03 in the grade of airman basic, with a DOR of 25 Mar 03. The applicant would not be eligible for promotion to airman until 8 Jan 05, airman first class until 8 Nov 05, and senior airman until 8 Mar 08. Completion of the RTDP does not even guarantee return to duty.
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...