RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02055
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to remove her break in service from 2006
through 2011, and reflect she entered the Air Force Reserve on
4 October 2006.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her intention after receiving approval of her Air Force Reserve
(AFR) commission was to maintain her commission as evidenced by
her application to the Air National Guard and the AFR. However,
she was converted to a regular commission and discharged. She
was not provided any explanation as to the ramifications of being
discharged.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in
the grade of captain (O-3).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends denial indicating there is no evidence of an
error or an injustice. The applicant was a Reserve officer
serving on extended active duty and became a regular active
officer in accordance with the 2005 National Defense
Authorization Act. On 3 Oct 06, she was discharged from the
active duty, and from 19 Jun 06 through 12 Jun 07 tried to secure
a position as an Individual Mobilization Augmentee (IMA), but was
not successful. The applicant did not have a military service
obligation. The applicant was approved for an Air Force Reserve
commission on the 13 Sep 06 Scroll, but never took the oath of
office, which is a required step to accept the appointment as an
officer transition from Regular Active to Reserve. Since the
applicant did not obtain a position, or take an oath of office to
accept the commission, and her military service obligation
expired, she was discharged from the Air Force. Therefore, the
applicants break in service was the result of her being
discharged due her military service obligation and no Oath of
Office being administered for the Air Force Reserve
ARPC/DPA complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 7 Aug 12, for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an 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 Force office of primary responsibility
and adopt its rationale as the basis for our conclusion 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-02055 in Executive Session on 20 Feb 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 16 Jul 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 Aug 12.
Panel Chair
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