RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01297
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Meritorious Service Medal First Oak Leaf Cluster (MSM 1st
OLC), period inclusive date ending 31 Dec 12, be corrected to
read 30 Dec 12 and added to her DD Form 214, Certificate of
Release or Discharge from Active Duty; Administratively
corrected.
Her Oath of Office to the Alabama Air National Guard (AL ANG) be
back dated to 31 Dec 12, to show no break in service per the
Palace Chase Program 10-day grace period.
APPLICANT CONTENDS THAT:
The AL ANG assured her they would back date the Oath of Office
to 31 Dec 12, showing no break in service, but the correction
did not take place.
In support of her request, she provides copies of her AF Form
2631, Palace Chase Statement of Understanding; Discrepancy
Letter for Break in Service; AL ANG Oath of Office; Pay Date
Correction letter showing break in service dates; and DD Form
214.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 1 Jul 98, the applicant entered the Regular Air Force.
According to AF IMT 100, Request and Authorization for
Separation, signed and dated 20 Apr 12, the effective date of
separation is 30 Dec 12.
On 30 Dec 12, the applicant resigned from active duty due to
completion of required active service and transferred to the
Alabama Air National Guard to complete her military service
obligation. She as credited with 14 years and 6 months of
active service.
On 9 Jan 13, she signed AF IMT 133, Oath of Office (Military
Personnel) and NGB Form 337, Oaths of Office.
AIR FORCE EVALUATION:
AFPC/DPSID indicates that no action is required with respect to
the applicants request to correct her MSM (1OLC). After a
thorough review of the applicants military personnel record,
DPSID was able to verify an error existed in that the close out
date should read as 30 Dec 12, not 31 Dec 12, as the applicants
date of separation from active duty was 30 Dec 12. Special
Order G-34 has been administratively corrected to read as 24
July 2009 to 30 December 2012. A corrected copy of SO G-34
will be updated to the applicants official military record by a
separate office.
The complete DPSID evaluation is at Exhibit C.
AFPC/DPSOR recommends approval of the applicants request to
correct the AF IMT 133 and NGB Form 337 to both reflect the date
of 31 Dec 2012 as the member was allotted the 10-day grace
period in accordance with AFI 36-2005, Appointment In
Commissioned Grades and Designation and Assignment in
Professional CategoriesReserve of the Air Force and United
States Air Force.
According to signatures on AF IMT 133 and NGB Form 337, these
forms were dated within the 10-day grace period allocated in AFI
36-3205, Applying for The Palace Chace and Palace Front
Programs, paragraph 2.4.1. This qualifies the applicant for
continued service into the Air Reserve Component.
AFI 36-3205, paragraph 5.2.1 states an officer discharged from
the Regular Air Force (RegAF) who accepts an ANG assignment with
a Military Service Obligation (MSO) or unfulfilled contractual
agreement, must sign the AF IMT 133 on the date discharged from
the RegAF to control contingent resignations. The officer must
then complete the NGB Form 337, no earlier than two days after
discharged from the RegAF. An officer being discharged from the
RegAF and accepting an ANG assignment who has no MSO or
unfulfilled contractual agreement, must sign the AF IMT 133 on
the day after discharge to ensure continuous commissioned
status. The officer must then complete the NGB Form 337 on the
following day. Therefore, the Board should approve the
applicants request to correct both the AF IMT 133 and NGB Form
337 to reflect the date of 31 Dec 12. The responsibility for
effecting this correction would lie with the Alabama Air
National Guard.
The complete DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 Jun 15 for review and comment within 30 days
(Exhibit E). 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission, including
attachments, in judging the merits of the case and agree with
the opinion and recommendation of AFPC/DPSOR and adopt their
rationale as the basis for our conclusion the applicant has been
the victim of an error or injustice. We note the comments of
AFPC/DPSOR indicating that the responsibility to effect the
noted correction lies with the Alabama Air National Guard.
Accordingly, in view of the fact that we have been advised by
officials at the National Guard Bureau (NGB) that they concur
with the proposed correction, we recommend the applicant's
records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that AF IMT
133, Oath of Office (Military Personnel), and NGB Form 337,
Oaths of Office, reflect the date 31 Dec 2012.
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01297 was considered:
Exhibit A. DD Form 149, dated 20 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 2 Jun 15.
Exhibit D. Memorandum, AFPC/DPSOR, dated 24 Jun 15.
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