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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