RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02120
INDEX CODE: 102.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His effective date of rank be moved back to the original date of 27 May
2002 instead of 8 December 2006.
2. His break in service be removed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not administered the oath of office upon entering into the Air Force
Reserve (AFR), Inactive Ready Reserve (IRR), on 1 July 2006. He feels the
break in service is an error and it does not look favorable in his record.
As a result of the break in service he missed a promotion board.
In support of his request, the applicant has provided a copy of his DD Form
214, an Air Force Reserve Officer Data Verification Brief (DVB) dated 30
May 2008, and a Virtual Military Personnel Flight (vMPF) Promotion
Information printout dated 30 May 2008.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 25 June 1998. He served for
8 years and 6 days and was discharged on 30 June 2006. On 1 July 2006, the
applicant was placed into the IRR. He was sworn in as an AFR officer on 8
December 2006, which caused the break in service. Information extracted
from the Military Personnel Data System and provided by the Air Force
office of primary responsibility indicates the applicant is currently
serving in the AFR as an Individual Mobilization Augmentee (IMA) in the
grade of captain, having assumed that grade effective 8 December 2006
and with a date of rank (DOR) of 4 November 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA has reviewed the applicant’s request and recommends denial. DPA
states the applicant was briefed on or about 5 January 2006 regarding the
reserve process. On 2 May 2006, the applicant’s appointment was approved
by the Office of Secretary of Defense (OSD); though, the applicant did not
get assigned as an IMA officer until 1 December 2006 and was sworn in as an
Air Force Reserve officer on 8 December 2006. DPA attached comments from
the Air Force Recruiting Information Support System (AFRISS-R) which
reflects that on 2 June 2006, the applicant said he was having second
thoughts and no longer wanted to be an IMA officer. On 26 September 2006
he changed his mind and wanted to be back in uniform. DPA has not found
any error or injustice to support the applicant’s request.
The complete DPA evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states he was led to
believe that he had joined the IRR upon separation from active duty and
should not have incurred a break in service. He does not believe he signed
any document relinquishing his regular commission and did not realize that
he had to take an oath to be in the IRR as a reserve officer. Six weeks
after being discharged from the Regular Air Force, he received a welcome
letter from ARPC informing him of his responsibilities as an IRR officer.
He states that when he received the IMA position the second time, he was
asked to take the oath as a precaution.
His complete submission, with attachments, is at Exhibit E.
_________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case and are not persuaded
that the break in service or the effective date of rank is erroneous or
unjust. The recruiting services briefed the applicant on the reserve
process; however, it appears he chose not to actively participate in the
AFR until well after being transferred into the IRR, which caused the break
in service. On 8 December 2006, the applicant took the oath of office
which was appropriately established as the effective date of his
appointment into the AFR. We agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt its rationale as
the basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, 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-2008-
02120 in Executive Session on 14 July 2008, under the provisions of AFI 36-
2603:
Ms. BJ White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Teri Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 May 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 30 June 2008, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 18 July 2008
Exhibit E. Letter, Applicant, dated 24 July 2008.
BJ WHITE-OLSON
Panel Chair
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