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AF | BCMR | CY2009 | BC-2008-02438
Original file (BC-2008-02438.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-02438
                                        INDEX CODE:  107.00
                                        COUNSEL:  NONE
                                        HEARING DESIRED:  NO
_______________________________________________________________

APPLICANT REQUESTS THAT:

His 48-day break in service be  removed  and  his  date  of  rank  (DOR)  be
changed to 20 Dec 02 (date of original commissioning).

_______________________________________________________________

APPLICANT CONTENDS THAT:

No break in service occurred.   He  was  commissioned  into  the  Air  Force
Reserve on 20 Mar 07.

In support of his request, applicant provides a copy of  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

The applicant’s complete submission, with attachment, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System  reflects  the
applicant’s Total Federal Commissioned Service Date as 20  Dec  02.   He  is
currently serving in the Air Force Reserve  as  an  Individual  Mobilization
Augmentee in the grade of captain, with a date of rank of 8 Feb  07  and  an
effective date of 20 Mar 07.

_______________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends a partial grant.  DPA states that  current  policies  do
not allow for backdating oaths; however, SAF/GCM determined that the  AFBCMR
has the authority to adjust the Date of Separation (DOS) to prevent a  break
in service.  SAF/GCM determined the appointment date is the date the  SecDef
approves the appointment or the date the oath  was  administered,  whichever
is later.  DPA states they found no administrative error  and  conclude  the
break in service was at no fault of the applicant.   The  complete  ARPC/DPA
evaluation, with attachments, is at Exhibit B.

_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the  applicant  on  8 Aug  08
for review and comment within 30 days.  As of this  date,  this  office  has
not received a response.

_______________________________________________________________

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 injustice warranting partial relief.  Based on the  advisory
opinion  provided  by  ARPC/DPA,  it  appears  that  due   to   an   unusual
circumstance, the applicant was negatively impacted, which  caused  a  break
in service between his DOS and his  appointment  date  into  the  Air  Force
Reserve.  Accordingly,  we  believe  his  records  should  be  corrected  to
reflect his DOS as 19 Mar 07.  With respect to the  applicant's  request  to
adjust his DOR to 20 Dec 02, we are not persuaded by the  evidence  provided
that his DOR should be changed to other than 20 Dec 06, the DOR  he  had  on
active duty.  Therefore, we  recommend  his  records  be  corrected  to  the
extent 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 he was not discharged from  the  Air
Force on 1 February 2007, but was continued on active duty  until  19  March
2007, on which date he was discharged from active duty.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-02438
in Executive Session on 11 Dec 08, under the provisions of AFI 36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Anthony P. Reardon, Member

All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2008-02438   was
considered:

    Exhibit A.  DD Form 149, dated 11 May 08, w/atch.
    Exhibit B.  Letter, ARPC/DPA, dated 31 Jul 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 8 Aug 08.




                                  GREGORY A. PARKER
                                             Panel Chair

AFBCMR BC-2008-02438


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 xxxxxxxxxxxxxxxx, be corrected to show that he was not
discharged from the Air Force on 1 February 2007, but was continued on
active duty until 19 March 2007, on which date he was discharged from
active duty.




                                                                   JOE G.
LINEBERGER
                                                                   Director
                                                                   Air
Force Review Boards Agency


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