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AF | BCMR | CY2007 | BC-2007-01060
Original file (BC-2007-01060.doc) Auto-classification: Approved

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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