RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01658
		INDEX CODE 113.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her Military Service Obligation (MSO) should end in 6 years on 15 May 01 rather than in 8 years on 15 May 03.

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APPLICANT CONTENDS THAT:

Before she entered the Air Force in 1995, she was told by recruiters in the Judge Advocate General’s (JAG) recruiting office in Washington DC that there was a 4-year active duty service commitment with a 2-year inactive Reserve commitment upon discharge. Since she doubted she would want to remain in the military beyond the minimum period, she specifically sought confirmation of that information in her personal interview.  Even the [HQ USAF JAG Accessions Branch] was unaware that the inactive duty service commitment was 4 rather than 2 years. The “corporate knowledge” of the corps was that there was a 2-year commitment and she was far from the only one who had been given this impression. In no other recruiting forms or brochures was she informed that her inactive duty commitment was any particular amount other than the 2 years of which she had been orally advised. She does not believe her reliance on the recruiter’s statements was unreasonable. She has tried before to have her MSO corrected but without success.

Several affidavits are provided in support of the appeal, including one from the Chief of Judge Advocate Accessions confirming the applicant’s contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 16 May 95, the applicant was appointed to the Reserve grade of 1st lieutenant, and assigned to the HQ ARPC, JAG Department. She was ordered to extended active duty effective 8 Jun 95 for a period of 4 years. She was promoted to the grade of captain with a date of rank of 8 Dec 95.  Upon completion of her required active service, she was honorably released from active duty on 7 Jun 99 and transferred to the Air Force Reserves.  Her DD Form 214 indicates in Block 6 that her Reserve Obligation Termination Date is 15 May 01.

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AIR FORCE EVALUATION:

HQ ARPC/DPA concedes it is regretful that the applicant was misinformed about the length of her MSO by the active duty recruiting service; however, such errors do not justify the early termination of her 8-year MSO. They assert that in May 01 they informed the applicant that the correct expiration of her MSO was 15 May 03. They believe the applicant has not supplied a reasonable justification that would demonstrate her inability to serve in the Individual Ready Reserve (IRR) through the term of her 8-year MSO.  They feel the case she presents does not warrant overriding the policy of the Department of Defense Instruction (DODI) 1304.25. Denial is recommended.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 30 Aug 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice to warrant curtailing the applicant’s MSO.  In this regard, the applicant made every reasonable effort to determine what her MSO would be prior to entering the service. Clearly, her decision to enter the military was based, in part, on the length of her obligated service. Unfortunately, she was erroneously informed that her obligation would be a total of six, rather than eight, years.  As confirmed by the affidavits she supplied, even the HQ USAF JAG Accessions Branch was under the mistaken impression that the inactive duty service commitment portion was two years instead of four.  We agree with the applicant that her reliance on the recruiter’s statements was not unreasonable, especially when Block 6 of her DD Form 214 indicated her Reserve Obligation Termination Date was 15 May 01. We note the statute excerpt provided by HQ ARPC/DPA indicates that members of an armed force shall serve a total initial period of not less than six years nor more than eight years. While present DOD policy normally requires members to serve eight years, we believe the particular circumstances of this case warrant an exception.  The applicant acted in good faith on mistaken advice and should not be held under continued obligation. We therefore recommend that her MSO be changed to six years with a termination date of 15 May 01.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 15 May 2001, as an exception to policy, she was transferred from the Obligated Reserve Section to the Non-obligated, Non-participating Ready Personnel Section effective 16 May 2001.

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The following members of the Board considered this application in Executive Session on 29 October 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

All members voted to correct the records, as recommended. The following documentary evidence relating to AFBCMR Docket Number 02-01658 was considered:

   Exhibit A.  DD Form 149, dated 4 Jun 02, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPA, dated 21 Aug 02.
   Exhibit C.  Letter, SAF/MRBR, dated 30 Aug 02.

                                   
                                   Panel Chair

AFBCMR 02-01658

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to  , be corrected to show that, on 15 May 2001, as an exception to policy, she was transferred from the Obligated Reserve Section to the Non-obligated, Non-participating Ready Personnel Section effective 16 May 2001.

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency