RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01060
INDEX CODE: 135.00
COUNSEL: NONE
HEARING DESIRED: NONE
MANDATORY CASE COMPLETION DATE: 6 OCTOBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
The effective date of her Reserve membership be corrected to 3 March
2007 and she be credited with eleven Inactive Duty Training (IDT) days
of pay and points.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was under the impression that everything was taken care of for her
to separate active duty one day and the next day be a Reservist with
no break in service. She had already received her Individual
Mobilization Augmentee (IMA) welcome packet telling her
Retirement/Retention (R/R) date was 3 March 2007 and was told by the
recruiter that nothing else was needed. She started work on 5 March
2007 and on 19 March 2007, after working 11 days became aware of the
problem.
In support of her request, the applicant provided a copy of her
Appointment Order, Letters of Support, Electronic Mail (e-mail) with
an attachment and a Memorandum from the Air Force Reserve Command
(AFRC) Readiness Management Group.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve (AFRES) as
an IMA in the grade of captain (Capt).
The applicant was released from active duty on 2 March 2007. Her name
was scrolled to the AF/REP on 2 January 2007. Her
appointment was approved by the Office of the Secretary of Defense on
20 March 2007. She took her Reserve oath on 27 March 2007.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPA recommends the requested relief be denied. DPA states in
accordance with the Deputy Secretary of Defense Memorandum dated 2 May
2005, all military officer appointments under section 12203 of Title
10, United States Code (USC), not previously approved by 30 June 2005,
shall be submitted to the Secretary of Defense.
DPA further states the applicant was briefed by recruiting on or about
20 December 2006 correctly regarding the scroll process which caused a
break in service between her date of separation (DOS) and her
appointment date into the Air Force Reserve.
HQ ARPC/DPA evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states she
understands that her start date in the Reserves cannot be changed but
that it is possible for her DOS to be changed so that she does have a
break in service and she can be paid for the time that she worked
before she actually signed the oath.
_________________________________________________________________
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 error or an injustice. The applicant requested
her date of separation from active duty be adjusted to reflect the
day before her reserve appointment date. It is the Air Reserve
Personnel Center’s (ARPC) contention that the applicant was properly
briefed regarding the scroll process. However, it is our opinion
that an injustice exists in this case and favorable consideration is
warranted. In this respect, whether or not she was properly briefed
aside, the applicant was allowed to report for duty and in good faith
performed IMA duties prior to OSD approval of her appointment.
Notwithstanding ARPCs contention, we do not believe the applicant
bears the blunt of the blame for her predicament. We believe that
since she was allowed to report and actually performed duties, the
benefit of doubt should be resolved in her favor and that her records
should be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. She was not released from active duty on 2 March 2007 and
transferred to the Inactive Ready Reserve (IRR) on 3 March 2007, but
continued on active duty.
b. Her tender of resignation from her Regular Air Force appointment
was accepted by competent authority and she was honorably discharged on
26 March 2007.
c. She transferred to the Air Force Reserve on 27 March 2007.
_________________________________________________________________
The following members of the Board considered this AFBCMR Docket
Number BC-2007-01060 in Executive Session Executive Session on
8 August 2007 under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Clarence R. Anderegg, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Mar 07, w/atchs.
Exhibit B. Letter, HQ ARPC/DPA, dated 20 Apr 07, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 May 07.
Exhibit D. Applicant’s Response, dated 15 May 07, w/atchs.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2007-01060
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 , be corrected to show that:
a. She was not released from active duty on 2 March 2007
and transferred to the Inactive Ready Reserve (IRR) on 3 March 2007, but
continued on active duty.
b. Her tender of resignation from her Regular Air Force
appointment was accepted by competent authority and she was honorably
discharged on 26 March 2007.
c. She transferred to the Air Force Reserve on 27 March
2007.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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