RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01678
                                   (Case 2)
            INDEX CODE:  135.00, 134.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS:

A ruling of no falsification on his  AF  Form  1288,  Application  for
Ready Reserve Assignment; granting of Reserve  point  credit  for  all
time missed; immediate  assignment;  and,  participation  in  the  302
Aeromedical Evacuation Squadron (AES).  In  addition,  the  memorandum
from the commander of the Numbered Aeromedical Staging Squadron, dated
10 October 2002, be rescinded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not believe he falsified his application for duty in  the  Air
Force Reserve.  While he may have  inadvertently  entered  some  minor
data incorrectly, this was due to having to complete the AF Form  1288
on the date of his interview.  Without  Report  on  Individual  Person
(RIP) sheets and complete documentation, he  recreated  dates  to  the
best of his  memory.   This  incorrect  data  in  no  way  constitutes
falsification or misrepresents his background.

In support of his request, applicant  submits  a  personal  statement,
copies of AF Form 1288, a letter from the 302 ASTS/CC  and  additional
documents associated with the issues cited in  his  contentions.   The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 30 September 2002, the  applicant  was  honorably  discharged  from
active duty  under  the  provisions  of  AFI  36-3207  (completion  of
required active service).  He was serving in  the  grade  of  captain,
Reserve of the Air Force, and had completed 7 years, 5 months  and  24
days of active service.

Information extracted from  applicant’s  submission  reveals  that  he
completed  Air  Force  Form  1288,  Application  for   Ready   Reserve
Assignment, on 13 September 2002.  He was notified on 10 October  2002
that  he  was  denied  pay  and  point  participation  with  the  302d
Aeromedical Staging Squadron (203 ASTS) for possible falsification  of
his application for duty with the Air Force Reserve.  On  16  December
2002, the applicant was notified of his assignment to the Headquarters
Air Reserve Personnel Center (HQ ARPC) as a nonparticipating member of
the Air Force Ready Reserve.

Information extracted from the Military Personnel Data System (MilPDS)
reveals that he is currently a  nonparticipating  member  of  the  Air
Force Reserve, serving in the grade of captain, with a date of rank of
2 June 1994.  He has completed a total of six  years  of  satisfactory
Federal service.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPM reviewed this application  and  recommended  denial.   DPM
states  that  cancellation  of  the  applicant’s  assignment   action,
subsequent  to  the  initial  interview,  was  due  to   the   gaining
commander’s further research concerning quality control factors.  This
disqualifying factor [UIF] has been  confirmed  with  the  applicant’s
losing unit of assignment and in MilPDS.  The HQ AFRC/DPM  evaluation,
with attachment, is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
27 June 2003 for review and response.  As of this  date,  no  response
has been received by this office (Exhibit C).
_________________________________________________________________

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 an injustice concerning the falsification  issue.   After
reviewing the applicant’s submission and the evidence of  record,  the
Board majority  is  persuaded  that  relief  is  warranted.   In  this
respect, the Board majority noted that the applicant indicated he  was
not prepared to complete the Reserve  assignment  application  on  the
date of his interview.  The Board majority believes that, due  to  the
circumstances at that time,  it  is  conceivable  that  the  applicant
inadvertently failed to accurately complete AF Form 1288,  Application
for Ready Reserve Assignment; therefore, any doubt should be  resolved
in favor of the applicant.  It is the opinion of  the  Board  majority
that the Application for Ready Reserve Assignment was  not  falsified,
but rather was incomplete.   In  view  of  the  foregoing,  the  Board
majority recommends the applicant’s records be corrected to the extent
indicated below.

4.  Notwithstanding the above, the Board is unpersuaded that  granting
Reserve  point  credit  for  time  missed,  immediate  assignment  and
assignment to a  particular  squadron  is  warranted.   By  the  Board
effectively removing the LOR/UIF,  the  quality  control  factor  that
apparently led  to  the  assignment  cancellation  no  longer  exists;
therefore, the applicant can reapply for a  Reserve  assignment.   The
Board believes that  the  applicant’s  Reserve  assignment  should  be
accomplished through Air Force  Reserve  assignment  processing.   The
assignment of military personnel is a prerogative  of  the  Air  Force
Reserve Command and we are constrained to note that the needs  of  the
service are paramount in such actions.  In view of the  above  and  on
the basis of the available evidence, we are not inclined to  favorably
consider the assignment issues or awarding the  applicant  credit  for
time he did not serve.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to  APPLICANT  be  corrected  to  show  that  AF  Form  1288,
Application for Ready Reserve Assignment, dated 13 September 2002, and
any and all references to falsification of the cited form, to  include
the 302 ASTS/CC Memorandum, dated 10 October 2002,  be  declared  void
and removed from his records.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 November 2003 and 9 December 2003,  under  the
provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Ms. Martha Maust, Member
              Ms. Carolyn B. Willis, Member

By a majority vote, Ms. Maust and Ms Willis recommended  granting  the
relief sought in this application concerning the falsification  issue.
Mr. Markiewicz voted to deny this request but did not desire to submit
a minority report.  All members voted to deny the  remaining  portions
of the applicant’s request.  The following  documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 22 Apr 02, w/atchs.
   Exhibit B.  Letter, HQ AFRC/DPM, dated 27 Jun 03, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 27 Jun 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair





MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                   CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM: SAF/MRB


SUBJECT:    AFBCMR Application of APPLICANT, AFBCMR Docket Number 2003-
          01678



      I have carefully considered all the circumstances of this case,
including the rationale of the Board’s recommendation to partially
grant.  However, I believe the applicant’s stated request should be
fully granted.


      Apparently, the applicant’s Reserve assignment was disapproved
due to disqualifying quality control factors.  Specifically, the
applicant’s Letter of Reprimand (LOR), dated 15 March 2002, and an
Unfavorable Information File (UIF), which led to the falsification
issue.  Through an earlier Board action, removal of the LOR and UIF
from the applicant’s records was approved.


      In my opinion, removing the quality force indicators that led to
the disapproval of applicant’s Reserve assignment and the
falsification issue warrants the applicant full relief.  In arriving
at my decision, I am aware that the courts have held that military
correction boards have an abiding moral sanction to determine what
constitutes an error or an injustice and to take steps to grant full
and fitting relief.  Had it not been for the unfounded LOR/UIF, the
applicant’s assignment would have, in all probability, been approved
and he would have earned Reserve point credit for satisfactory Federal
service.  I therefore believe that, in addition to the relief
recommended by the Board majority, reinstatement of the applicant’s
Air Force Reserve assignment and sufficient non-paid points to obtain
satisfactory years of service provides the applicant with full and
fitting relief.  In view of the foregoing, I direct that the records
be corrected as set forth in the attached directive.








                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency







AFBCMR BC-2003-01678




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.  Any and all references to falsification of the
Air Force Form 1288, Application for Ready Reserve Assignment, dated
13 September 2002, to include the 302 ASTS/CC Memorandum, dated 10
October 2002, be, and hereby are, declared void and removed from his
records.

                 b.  His Ready Reserve assignment was approved by
competent authority and, effective 1 October 2002, he was assigned to
the 302 Aeromedical Staging Squadron (302 ASTS), Peterson AFB, CO.

      c.  He was credited with 253 active duty points, 16 nonpaid Inactive
Duty Training (IDT) points, and 15 membership points for
retirement/retention year 21 January 2002 through 20 January 2003,
resulting in 284 total points; and, that the period 21 January 2002 through
20 January 2003 is a year of satisfactory Federal service for retirement.

      d.   He was credited with 35 nonpaid Inactive Duty Training (IDT)
points and 15 membership points for retirement/retention year 21 January
2003 through 20 January 2004, resulting in 50 total points; and, that the
period 21 January 2003 through 20 January 2004 is a year of satisfactory
Federal service for retirement.




                 JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency