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AF | BCMR | CY2009 | BC-2008-02120
Original file (BC-2008-02120.DOC) Auto-classification: Denied

                            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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