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AF | BCMR | CY2010 | BC-2010-04307
Original file (BC-2010-04307.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04307 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His commission date be changed from 8 Nov 10 to 3 Sep 10. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His name was omitted from the official scroll and the Secretary 
of Defense (SECEF) delayed signing the official order until 8 Nov 
10. As a result, he was re-administered the Oath of Office on 
8 Nov 10 which established his new commissioning date. He 
requests his original commissioning date of 3 Sep 10 be corrected 
so that he does not lose pay. If the date is not changed, he 
believes it will have a negative impact on future promotion 
boards. 

 

In support of his request, the applicant provides a copy of his 
AF IMT 133, Oath of Office (Military Personnel), and a copy of 
his Officer Training School (OTS) certificate. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Air Force Reserve (AFR) 
in the grade of first lieutenant (0-1). 

 

Additional relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force. Accordingly, there is no need to recite these facts 
in this Record of Proceedings. 

 

_________________________________________________________________ 

 

 

 

 

 

AIR FORCE EVALUATION: 


 

ARPC/DPTA recommends denial. DPTA states the applicant graduated 
from OTS on 3 Sep 10; however, due to an administrative 
oversight, AFRC/A1KP did not submit the scroll to HQ USAF/REP. 
A1KP later determined the member was not scrolled; nevertheless, 
the applicant’s name was submitted to REP on 27 Oct 10 to be 
added to the 23 Aug 10 scroll for SECDEF’s approval. The scroll 
was approved on 8 Nov 10 and he was appointed to the AFR on the 
same date. DPTA notes that current policies do not allow for 
backdating oaths; however, the applicant was enlisted and 
received pay and benefits authorized on enlisted status for the 
period until SECDEF approved the scroll and he was commissioned. 
The Office of the Secretary of Defense (OSD) General Council 
determined the appointment date is the date SECDEF approves the 
appointment or the date the oath was administered, whichever is 
later. In this case, the applicant was granted appointment IAW 
the OSD directive. 

 

The ARPC/DPTA complete evaluation, with attachments, is at 
Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 Jan 11 for review and comment within 30 days. As of this 
date, this office has received no 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. 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; however, we agree with the opinion and recommendation of 
the Air Reserve 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 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-2010-04307 in Executive Session on 26 May 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Nov 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPTA, dated 7 Jan 11, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 28 Jan 11. 

 

 

 

 

 

 Panel Chair 

 

 



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