RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02073
            INDEX CODE: 110.03
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  13 Jan 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Extended Active Duty (EAD) date  be  changed  from  25 Oct  05  to
11 Aug 05 to prevent a break in service, restore  her  promotion  line
number, and clear a debt for back pay and allowances from her record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was erroneously separated from active  duty  (AD)  while  awaiting
approval for a Career Job Reservation (CJR) Command Override  request.
Her enlistment should  have  been  extended  to  prevent  a  break  in
service.  Upon her reentry into AD on 25 Oct 05,  she  was  officially
informed her EAD date would be backdated to 11 Aug  05  to  prevent  a
break in service and she was authorized back pay for that time period.

In support of her request, the applicant  provided  her  AF  Form  100
(Request and Authorization for Separation), DD Form  214  (Certificate
of Release or Discharge from AD), enlistment/reenlistment forms, Dyess
AFB  Case  Management  File,  and  other   documents.   Her   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  11 Jul  01  for  a
period of four years, giving her an  established  date  of  separation
(DOS) of 10 Jul 05.  During the period in question she was assigned to
the 7th Component Maintenance Squadron (7 CMS) at Dyess AFB, TX.

On 22 Apr 04, the applicant was approved for a one-month extension  of
her enlistment to qualify for an overseas permanent change of  station
(PCS) assignment.  This extension established her new  DOS  of  10 Aug
05.

On 1 May 04, the CJR program was reinstated.  Wing commander  override
authority was changed to HQ AFPC/CC.  Wing or senior  host  commanders
could request an exception to policy for rare instances and only if  a
member met the following criteria: promoted or selected for  promotion
to the grade of staff sergeant (SSGT), promoted to senior airman below-
the-zone; or received a  Stripes  for  Exceptional  Performers  (STEP)
promotion.

The applicant was eligible to apply for a CJR in Jun  04  through  Feb
05.   However,  since  she  did  not  rank  high  enough  during   her
eligibility window, she was not authorized a CJR.

Special Order No. AA-627, dated 13 Jul 05 (AF Form 100), reflected  an
effective   DOS   of   10 Aug   05.   An    AF    IMT    989,    Leave
Request/Authorization,  dated  13 Jul  05,  reflects   the   applicant
requested 18 days of terminal leave beginning  24 Jul  05  and  ending
10 Aug 05.

On 10 Aug 05, the promotion results were released for cycle 05E5,  and
the applicant was tentatively selected for promotion to the  grade  of
SSGT, projected effective and with a date of rank (DOR) of 1 Jul 06.

On 10 Aug 05, after four years and one month of  active  service,  the
applicant was honorably released from AD in the grade of senior airman
and transferred to the USAF Reserve (USAFR).  On that same  date,  the
applicant requested a six-month extension on her enlistment  to  apply
for retraining.  She indicated she was notified on  her  last  day  of
terminal leave that she had been tentatively selected for promotion to
SSGT, she had applied for but did not receive a CJR in her  Air  Force
Specialty Code (AFSC),  was  not  selected  for  retraining,  and  was
removed from the CJR list at  the  120-day  point.   Her  request  was
approved  by  her  squadron  commander  but  denied  by  the  military
personnel flight (MPF) commander, who indicated the applicant had been
denied CJR and retraining and selection for promotion did not  relieve
her from AFSC constraints.

On 11 Aug 05, after her separation,  the  applicant  requested  a  CJR
commander override so that she could remain in  the  Air  Force.   She
indicated she was notified of her selection to SSGT on her last day of
enlistment.  The wing commander approved her request on 12 Aug 05  and
the override package was forwarded to HQ AFPC.

Per HQ ARPC Reserve Order DA-03099, dated 30 Aug 05, the applicant was
assigned to the Reserve 301 Maintenance Squadron at Carswell ARS, TX.

HQ AFPC/CC approved and signed the CJR override for the  applicant  on
16 Sep 06 and the base was informed of the approval.

On 24 Oct 05, the applicant was honorably discharged  from  the  USAFR
for enlistment on AD effective 25 Oct 05.

The applicant reenlisted in the Regular Air Force on 25 Oct  05.   She
was not entitled to pay and allowances during the period of 11 Aug  to
24 Oct    05.     However,    two    separate    DD     Forms     4/1,
Enlistment/Reenlistment Document  -  Armed  Forces  of  the  US,  were
completed on the applicant by Dyess personnel.  One shows  a  date  of
enlistment of 25 Oct 05 and a later enlistment  document  reflects  an
enlistment date of 11 Aug 05.

AF IMT 973, Request and Authorization  for  Change  of  Administrative
Orders, dated 24 Jan 06, cancelled the  applicant’s  separation  order
(Special Order No. AA-627, dated 13 Jul 05), indicating  her  original
separation was cancelled and she was returned to active duty.

According to  DFAS-POCC/DE  (Exhibit  F),  based  on  the  applicant’s
original date of separation of 11 Aug 05, her military pay account was
suspended to prevent any additional mid-month and  end-of-month  funds
from being released.  In Nov 05, her account was  reinstated  with  an
effective date of 25 Oct 05, at which time she began receiving her pay
and allowances again.  In Dec 05, due to an administrative adjustment,
the applicant was paid for the period  she  had  a  break  in  service
(11 Aug through 24 Oct 05).  It  was  later  determined  she  was  not
entitled to receive pay and allowances  for  this  period  and,  as  a
result, two separate debts were placed on her military pay account for
collection:  $4,631.66 for base pay and $659.04  for  basic  allowance
for substance  (BAS).   Collection  action  on  both  debts  has  been
suspended pending the Board’s decision.

Pursuant to an inquiry from the AFBCMR Staff, HQ  AFPC/DPPPWB  advised
via email dated 17 Oct 06 that  the  Military  Personnel  Data  System
(MilPDS) incorrectly reflects the applicant was promoted to the  grade
of SSGT effective and with a DOR of 1 Jun 06.  DPPPWB  is  unsure  who
updated the system to reflect the 1 Jun  06  date;  however,  this  is
incorrect and will result in  a  debt  because  the  applicant’s  line
number of 11122 for 05E5 would have given her a DOR of 1 Jul 06.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial, indicating  the  applicant  separated
from Dyess AFB, remained at her residence with  her  military  spouse,
and did not report until 25 Oct 05 after she was approved to return to
AD on 16 Sep 05.  The applicant was fully aware of her 10 Aug  05  DOS
and at no time was she erroneously separated from the Air Force.   She
was not serving and not entitled to pay and allowances from 10 Aug  05
when she separated to 24 Oct 05. Her request for the CJR override  was
not placed in official channels until two days after  her  separation.
At no time prior to separation or start  of  terminal  leave  did  the
applicant request an extension to remain on AD.  Further, the DD  Form
4 reflecting an enlistment of 11 Aug 05 should be declared  void;  the
only valid contract with the Air Force is the DD Form  4  showing  the
actual enlistment and return to AD on 25 Oct 05.

The complete HQ AFPC/DPPAE evaluation, with attachments, is at Exhibit
B.

HQ AFPC/DPPAOR also recommends denial, noting the  applicant  did  not
provide supporting statements as to who “officially informed” her that
her EAD date would be backdated to 11 Aug 05.  Further, they have  not
been able  to  locate  that  official  who  authorized  backdating  an
enlistment contract.  HQ AFPC/CC did not sign the CJR  override  until
16 Sep 05; therefore, the MPF did not have the authority to enlist the
applicant sooner.  Her enlistment date of 25 Oct 05 should  remain  as
she was not discharged from the USAFR until 24 Oct 05.

The complete  HQ  AFPC/DPPAOR  evaluation,  with  attachments,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides 25 Oct 05 emails, one of which  indicates  that
when she pursued the CJR override she should have  been  involuntarily
extended for 30 days until the action was completed.   [Another  email
notes that, if she did in fact separate, her line number could not  be
reinstated.] She contends the HQ AFPC/DPPAE advisory is  incorrect  in
stating at no time did she request to extend her DOS  for  any  reason
when in fact she requested an extension on 10 Aug 05, which was denied
by the MPF commander.  The Case Management File she submitted (Exhibit
A) states she should not have a break in service  and  was  authorized
back  pay  for  that  time  period.   This  file  also  includes   the
individuals who authorized the changing of her service dates  and  the
back pay.  Her original separation orders were  officially  cancelled.
The conflicting documents regarding her reenlistment have caused a $5K
debt on her pay record.

A complete copy of the applicant’s response, with attachments,  is  at
Exhibit E.

_________________________________________________________________

DFAS-JECC/DE ADVISORY:

DFAS-POCC/DE recommends granting the requested relief.  They  provided
a Statement of Military Pay Account showing a  breakdown  of  pay  and
allowances paid to the applicant at the rank of sergeant (SGT) for the
period 1 Jan 05 through 31 May 06, and at the rank  of  SSGT  for  the
period 1 Jun through 30 Sep 06.  If the Board  does  not  approve  the
applicant’s request, her indebtedness will increase to $6,811.87.   In
addition  to  the  $4,631.66  and  $659.04  debts,  she’ll  incur  two
additional debts:  $1,482.47 for BAH and $38.70 for clothing.  If  her
request for no break in service is approved, she will not be  indebted
and will be due an additional $1,443.17.  Based on their  review,  the
applicant was not given the proper credit for BAH  for  11 Aug  though
24 Oct 05.

A complete copy of the DFAS-JECC/DE advisory, with attachment,  is  at
Exhibit F.

_________________________________________________________________

APPLICANT’S REVIEW OF DFAS ADVISORY:

A complete copy of the DFAS-JECC/DE  advisory  was  forwarded  to  the
applicant for informational purposes only on 28 Nov 06.

_________________________________________________________________

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 voiding the applicant’s
break in service. The applicant was released  from  AD  on  10 Aug  05
after being unable to obtain a CJR in her AFSC.  That  same  day,  the
results of the CY05E5 cycle were released indicating the applicant had
been tentatively selected for promotion to the grade of  SSgt  with  a
projected effective and DOR of 1 Jul 06, based on  a  line  number  of
11122.  Also  on  10 Aug  05,  the  applicant  requested  a  six-month
extension of her enlistment to  apply  for  retraining  based  on  her
selection for SSgt. While approved  by  the  squadron  commander,  her
request was denied by the MPF commander due to AFSC  constraints.   On
11 Aug 05,  after  her  separation,  she  requested  a  CJR  commander
override based on her selection for SSgt.  The wing commander approved
her request on 12 Aug 05 but HQ AFPC/CC did not approve  the  override
until 16 Sep 05 and  the  USAFR,  to  which  the  applicant  had  been
transferred after her release from AD, did  not  discharge  her  until
24 Oct 05.  Based on the submitted Case Management System  inputs,  HQ
AFPC instructed Dyess AFB to update MilPDS  after  being  informed  by
Dyess that the applicant was “authorized back  pay  for  an  erroneous
separation  update.”   The  same  representative  who  certified   the
applicant’s 25 Oct 05 enlistment contract apparently certified another
contract with an enlistment date backdated to 11 Aug  05.   Meanwhile,
the  applicant’s  military  pay  account  was  suspended  in  Aug  06,
reinstated in Nov 05, and administratively adjusted in Dec  05,  which
resulted in her incurring a debt.  Finally, the applicant’s separation
order was revoked by  Special  Order  AA-172  in  Jan  06.   The  DFAS
advisory  recommends  the  application  be  approved.  The   applicant
technically had a break in service and we are not eager to bestow what
could be construed as a windfall in pay for time not served.  However,
we must look beyond that to  the  intent  of  the  applicant  and  her
superiors, which clearly was for her to remain on AD.   Her  promotion
selection provided the justification for her to request  an  extension
and  a  CJR  commander  override,  which  were  ultimately   approved.
Significant efforts were made to restore  her  to  AD.   Allowing  the
break in service to stand not only creates the  applicant’s  debt  but
also wipes out the promotion that facilitated  her  justification  for
and subsequent return to AD.  If the promotion results for cycle  05E5
would have had an earlier release date, we have no  doubt  the  timing
problems in this particular case would not have had  the  impact  they
did and the applicant would have been extended until  her  CJR  waiver
was approved and been allowed to continue her  career  on  AD  in  the
grade of SSgt.  We do not believe “splitting the baby” is feasible  in
this instance and, in order to avoid the possibility of  an  injustice
or any unforeseen ramifications, we recommend the applicant’s  records
be corrected as indicated below.

4.  Notwithstanding the above determination, we  noted  HQ AFPC/DPPPWB
advised the AFBCMR Staff that  the  MilPDS  incorrectly  reflects  the
applicant was promoted to the grade of SSGT effective and with  a  DOR
of 1 Jun 06.  DPPPWB is unsure who updated the system to  reflect  the
1 Jun 06 DOR;  however,  this  apparently  is  incorrect  because  the
applicant’s line number of 11122 for cycle 05E5 would have given her a
DOR for SSgt of 1 Jul 06.  Directing the applicant’s DOR be changed to
1 Jul 06 would result in  a  debt  for  that  period.   The  Board  is
precluded from recommending a corrective action that has a detrimental
impact on an applicant.  However, we wish to state for the record that
the evidence available in the instant appeal provides us no compelling
basis upon which to conclude the applicant should have a DOR of  1 Jun
06.  If the Air Force should subsequently administratively  amend  the
MilPDS to reflect a DOR of 1 Jul  06,  based  on  her  promotion  line
number of 11122, the burden of establishing an error or injustice with
respect that issue would rest on the applicant.

5.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be  corrected  to  show  that  she  was  not
released from active duty and transferred to the Air Force Reserve  on
10 August 2005, but on that date competent authority
approved a Career  Job  Reservation  Wing  Commander  Override  as  an
exception to policy and she reenlisted for a period of six (6)  years,
and continually served on active duty.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 December 2006 under the provisions of AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Barbara R. Murray, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2006-02073 was considered:

   Exhibit A.  DD Forms 149 (2), dated 22 Jun & 14 Jul 06,
                     w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPAE, dated 2 Aug 06, w/atchs.
   Exhibit C.  Letter, HQ AFPC/DPPAOR, dated 25 Aug 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 06.
   Exhibit E.  Letter, Applicant, dated 20 Sep 06, w/atchs.
   Exhibit F.  Letter, DFAS-JECC/DE, dated 31 Oct 06, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 28 Nov 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair

AFBCMR BC-2006-02073




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 XXXXXXX, XXXXXXX, be corrected to show that she was
not released from active duty and transferred to the Air Force Reserve
on 10 August 2005, but on that date competent authority approved a
Career Job Reservation Wing Commander Override as an exception to
policy and she reenlisted for a period of six (6) years, and
continually served on active duty.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency