RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02184
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive full financial compensation and credit for military
duty performed from 1 July 2012 to 24 September 2012.
APPLICANT CONTENDS THAT:
He performed duties as a physician and flight surgeon during the
aforementioned period per verbal orders of the commanding officer.
However, the verbal orders were not followed up with official
orders.
He trusted that his leadership would follow through on their
promises to eventually generate military orders that would
ultimately materialize into financial compensation. However, his
initial set of military orders that should have been approved for
1 July 2012 to 30 September 2012 never materialized.
It was the practice of the commander to order personnel to begin
work before their military orders were approved and finalized.
The commander directed that he remain in-place (from a previous
set of military orders) to continue working on 1 July 2012 through
30 September 2012.
He worked as directed by the commander from 1 July 2012 through
24 September 2012. He was ordered by the commander to stop
working on 24 September 2012 because his orders had not been
approved.
He did not receive pay, did not take leave, nor did he receive
military service credit for having completed military work from
l July 2012 to 24 September 2012.
In support of his request, the applicant provides a personal
statement, a memorandum from his group commander, dated
25 September 2012, stating it was his intention to employ the
applicant during the period in question and recommends he be paid
compensation. He also provides a memorandum from his Wing
Commander (WG/CC) dated 1 May 2013, stating the applicant
performed his duty in good faith and at the direction of his
medical group commander. The WG/CC apologized that the applicant
relied on the information he was given and continued to work in
good faith despite not having approved orders. The WG/CC stated
he had exhausted all means within his legal authority to provide
the applicant with approved orders. After consultation with the
staff judge advocate, and the financial management comptroller, it
was determined that the applicants only recourse was to file for
relief from the Board. In further support of his request, the
applicant provides electronic communiqués, orders and various
other documents associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to an AF Form 938, Request and Authorization for Active
Duty Training/Active Duty Tour, dated 14 Jun 2012, the applicant
was placed on orders from 4 May 2012 to 30 June 2012.
AIR FORCE EVALUATION:
AFRC FGC/FGS recommends approval. Records verify wing
leadership's intention to employ the applicant from 1 July 2012 to
24 September 2012. The applicant reported for duty based on the
verbal orders of the commander and the precedence set by the
organization, which was to issue official orders retroactively.
Therefore, it appears that leadership permitted the applicant to
perform duty for the aforementioned period.
The complete FGC/FGS evaluation is at Exhibit B.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 8 November 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit C).
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 error or injustice warranting relief. Having
carefully reviewed this application, we agree with the
recommendation of the Air Force office of primary responsibility
and adopt the rationale expressed as the basis for our decision
that the applicant has been the victim of either an error or an
injustice. Therefore, we recommend the applicant's records be
corrected as set forth 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
released from active duty on 30 June 2012, but on that date he was
continued on active duty for the purpose of Military Personnel
Appropriation through 24 September 2012.
The following members of the Board considered AFBCMR BC-2013-02184
in Executive Session on 9 September 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 September 2013, w/atchs.
Exhibit B. Letter, ARPC FGC/FGS, dated 29 October 2013.
Exhibit C. Letter, SAF/MRBR, dated 8 November 2013.
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