RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02603
INDEX CODE: 102.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he did not resign his
commission.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he submitted his paperwork for separation (AF Form 780), he
checked block 4a(3), requesting that he be given an Air Force Reserve
commission. He never wished to resign his commission, and was never
informed that his separation paperwork (DD Form 214) indicated that he
had resigned his commission.
In support of his appeal, the applicant provided an expanded
statement, and copies of an AF Form 780, Officer Separation Actions,
and his separation documents.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force,
on 20 Jun 89. He was voluntarily ordered to extended active duty on
15 Nov 89. He was integrated into the Regular Air Force on 15 Feb 96,
in the grade of captain.
An AF Form 780 indicates that, on 21 Jul 99, the applicant tendered
his resignation, requesting that he be given an Air Force Reserve
commission. The reason for the requested action was his completion of
his required active service.
Applicant was discharged from all appointments in the Air Force on 26
Jan 00 under the provisions of AFI 36-3207 (Completion of Required
Active Service) and was furnished an honorable discharge. He was
credited with 10 years, 2 months, and 12 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial indicating that in accordance with
separation directives, Regular officers are discharged and Reserve
officers are released. In order for a Regular officer to receive a
Reserve commission after discharge, he/she must request a new oath (be
sworn-in) into the Reserve to be given a Reserve commission. Upon
review of the applicant’s record, it appears that he did not follow-up
with a new oath for commission, and at this time does not possess a
Regular or Reserve commission. His DD Form is correct and no change
is warranted.
A complete copy of the DPPPWB evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 3 Oct
03 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted. However, we do not find the applicant’s assertions or the
documentation presented in support of his appeal sufficient to
convince us that corrective action is warranted. The evidence of
record indicates that the applicant tendered his resignation from the
Regular Air Force and requested a Reserve commission. However, since
he was a Regular officer, he was discharged from all appointments in
the Air Force. No evidence has been presented which would lead us to
believe that his discharge was improper or contrary to the prevailing
directives. It appears that in order for him to receive a Reserve
commission, he will have to request an appointment into the Air Force
Reserve, and we find no bar which precludes him from doing so. In
view of the foregoing, and in the absence of evidence to the contrary,
we agree with the recommendation of the OPR and conclude that the
applicant has failed to sustain his burden of establishing that he has
suffered either an error or an injustice. Accordingly, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2003-02603 in Executive Session on 4 Nov 03, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Cheryl Jacobson, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 25 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 3 Oct 03.
CHARLENE M. BRADLEY
Panel Chair
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