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 applicants name was submitted to REP on 27 Oct 10 to be
added to the 23 Aug 10 scroll for SECDEFs 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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