RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03672
            INDEX CODE:  100.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The following changes be  made  to  her  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, dated 11 Apr 01.

    a.  Item 6 (Reserve Obligation Termination Date) of her     DD Form  214
dated 11 Apr 01, be changed from “20040324” to “20090410.”

2.  The following changes be made to her DD Form 214, dated     27 Sep 02.

    a.  Item 6 (Reserve Obligation Termination Date) of her     DD Form  214
dated 27 Sep 02, be changed from “20090410” to “20040324.”

    b.  Item 12d (Total Prior Active Service) be changed  from  “000802”  to
“040200.”

    c.  Item 12e (Total Prior Inactive Service) be changed from “220705”  to
“010428.”


3.  HQ ARPC Reserve Order CL-007, dated 15 Oct 02 be revoked.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The errors on her DD Form 214s short her time towards fulfilling a  20  year
retirement,  and  negatively  impacts  bonus  eligibility  and  will   cause
recoupment of funds already paid if not resolved.

She was not properly  briefed  on  the  consequences  of  requesting  to  be
demobilized and discharged due to pregnancy.  She was not  told  that  under
the provisions of Stop Loss (in effect  at  the  time  of  her  request  for
demobilization) her request would result in a break in service.

She believed that when she was demobilized and transferred to the USAFR  (as
indicated on her  DD  Form  214),  that  her  time  towards  fulfilling  her
Military Service Obligation (MSO) would continue.

When she joined the ANG in Jul 04, she thought that she  had  completed  her
MSO and was entitled to a prior service enlistment  bonus.   Had  she  known
that she still had a MSO, she would have joined  the  Guard  for  a  shorter
period of time and extended later to fulfill the time necessary to  complete
her MSO to qualify later for a reenlistment bonus.  This would have  avoided
the recoupment action she is now facing.

In support of her request, applicant submits copies of  her  DD  Form  214s,
discharge documents, and HQ ARPC Order CL-007.

The applicant's submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was ordered to extended active duty on 5 Oct 01.  On  26  Jul  02,
applicant requested  to  be  discharged  from  the  Individual  Mobilization
Augmentee (IMA) Program with a  separation  date  of   27  Sep  02,  due  to
pregnancy.   On  27  Sep  02,  she  was  released  from  active   duty   for
demobilization and transferred to the Air Force  Reserve.   On  15  Oct  02,
applicant was relieved from assignment and  honorably  discharged  from  the
Air Force Reserve under the authority of AFI  36-3209,  paragraph  3.12.12.,
Pregnancy or Childbirth.”

On 30 Jul 04, applicant enlisted in the Air National Guard and is  currently
serving in the grade of technical sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial of applicant’s request to  have  ARPC  Order  CL-
007, dated 15 Oct 02, revoked.  The member requested to be  demobilized  and
discharged  from  the  Individual  Mobilization  Augmentee  Program  with  a
separation date of 27 Sep 02.

The ARPC/DPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Mar 07, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or an injustice.  We took notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the  opinion  and  recommendation  of  the  Air  Force  and  adopt  its
rationale as the basis for our decision that the  applicant  has  failed  to
sustain her burden that she has suffered either an error or an injustice.
Applicant contends that she was not properly briefed on the consequences  of
being demobilized and discharged due to pregnancy which caused her  to  have
a break in service.  However, applicant’s Reserve Order clearly  states  she
was honorably discharged from the Air  Force  Reserve.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

4.  In regards to the applicant’s request that her service dates on  her  DD
Form 214s  be  corrected,  we  note  that  ARPC/DPSD1  has  administratively
corrected  both  DD  Form  214s,  and  issued  DD  Form  215s   with   these
corrections.

_________________________________________________________________

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  Docket  Number     BC-2006-
03672 in Executive Session on 2 May 2007, under the provisions  of  AFI  36-
2603:

      Mr. James W. Russell, III, Panel Chair
      Ms. Mary C. Puckett, Member
      Mr. Clarence R. Anderegg, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03672 was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFIT/SCH, dated 26 Feb 07.
    Exhibit D.  Letter, AFPC/DPPPO, dated 14 Mar 07, w/atchs.
      Exhibit E.  Letter, SAF/MRBR, dated 23 Mar 07.




                                             JAMES W. RUSSELL, III
                                             Panel Chair