RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01678
						 (Case 2)
		INDEX CODE:  135.00, 134.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

A ruling of no falsification on his AF Form 1288, Application for Ready Reserve Assignment; granting of Reserve point credit for all time missed; immediate assignment; and, participation in the 302 Aeromedical Evacuation Squadron (AES).  In addition, the memorandum from the commander of the Numbered Aeromedical Staging Squadron, dated 10 October 2002, be rescinded.
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APPLICANT CONTENDS THAT:

He does not believe he falsified his application for duty in the Air Force Reserve.  While he may have inadvertently entered some minor data incorrectly, this was due to having to complete the AF Form 1288 on the date of his interview.  Without Report on Individual Person (RIP) sheets and complete documentation, he recreated dates to the best of his memory.  This incorrect data in no way constitutes falsification or misrepresents his background.

In support of his request, applicant submits a personal statement, copies of AF Form 1288, a letter from the 302 ASTS/CC and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 30 September 2002, the applicant was honorably discharged from active duty under the provisions of AFI 36-3207 (completion of required active service).  He was serving in the grade of captain, Reserve of the Air Force, and had completed 7 years, 5 months and 24 days of active service.

Information extracted from applicant’s submission reveals that he completed Air Force Form 1288, Application for Ready Reserve Assignment, on 13 September 2002.  He was notified on 10 October 2002 that he was denied pay and point participation with the 302d Aeromedical Staging Squadron (203 ASTS) for possible falsification of his application for duty with the Air Force Reserve.  On 16 December 2002, the applicant was notified of his assignment to the Headquarters Air Reserve Personnel Center (HQ ARPC) as a nonparticipating member of the Air Force Ready Reserve.

Information extracted from the Military Personnel Data System (MilPDS) reveals that he is currently a nonparticipating member of the Air Force Reserve, serving in the grade of captain, with a date of rank of 2 June 1994.  He has completed a total of six years of satisfactory Federal service.
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AIR FORCE EVALUATION:

HQ AFRC/DPM reviewed this application and recommended denial.  DPM states that cancellation of the applicant’s assignment action, subsequent to the initial interview, was due to the gaining commander’s further research concerning quality control factors.  This disqualifying factor [UIF] has been confirmed with the applicant’s losing unit of assignment and in MilPDS.  The HQ AFRC/DPM evaluation, with attachment, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 27 June 2003 for review and response.  As of this date, no response has been received by this office (Exhibit C).
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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 an injustice concerning the falsification issue.  After reviewing the applicant’s submission and the evidence of record, the Board majority is persuaded that relief is warranted.  In this respect, the Board majority noted that the applicant indicated he was not prepared to complete the Reserve assignment application on the date of his interview.  The Board majority believes that, due to the circumstances at that time, it is conceivable that the applicant inadvertently failed to accurately complete AF Form 1288, Application for Ready Reserve Assignment; therefore, any doubt should be resolved in favor of the applicant.  It is the opinion of the Board majority that the Application for Ready Reserve Assignment was not falsified, but rather was incomplete.  In view of the foregoing, the Board majority recommends the applicant’s records be corrected to the extent indicated below.

4.  Notwithstanding the above, the Board is unpersuaded that granting Reserve point credit for time missed, immediate assignment and assignment to a particular squadron is warranted.  By the Board effectively removing the LOR/UIF, the quality control factor that apparently led to the assignment cancellation no longer exists; therefore, the applicant can reapply for a Reserve assignment.  The Board believes that the applicant’s Reserve assignment should be accomplished through Air Force Reserve assignment processing.  The assignment of military personnel is a prerogative of the Air Force Reserve Command and we are constrained to note that the needs of the service are paramount in such actions.  In view of the above and on the basis of the available evidence, we are not inclined to favorably consider the assignment issues or awarding the applicant credit for time he did not serve.
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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 AF Form 1288, Application for Ready Reserve Assignment, dated 13 September 2002, and any and all references to falsification of the cited form, to include the 302 ASTS/CC Memorandum, dated 10 October 2002, be declared void and removed from his records.
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The following members of the Board considered this application in Executive Session on 19 November 2003 and 9 December 2003, under the provisions of AFI 36-2603:

By a majority vote, Ms. XXXX and Ms XXXX recommended granting the relief sought in this application concerning the falsification issue.  Mr. XXXX voted to deny this request but did not desire to submit a minority report.  All members voted to deny the remaining portions of the applicant’s request.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Apr 02, w/atchs.
   Exhibit B.  Letter, HQ AFRC/DPM, dated 27 Jun 03, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 27 Jun 03.

                                   Chair

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM:	SAF/MRB

SUBJECT:	AFBCMR Application of APPLICANT, AFBCMR Docket Number 2003-01678

I have carefully considered all the circumstances of this case, including the rationale of the Board’s recommendation to partially grant.  However, I believe the applicant’s stated request should be fully granted.

Apparently, the applicant’s Reserve assignment was disapproved due to disqualifying quality control factors.  Specifically, the applicant’s Letter of Reprimand (LOR), dated 15 March 2002, and an Unfavorable Information File (UIF), which led to the falsification issue.  Through an earlier Board action, removal of the LOR and UIF from the applicant’s records was approved.

In my opinion, removing the quality force indicators that led to the disapproval of applicant’s Reserve assignment and the falsification issue warrants the applicant full relief.  In arriving at my decision, I am aware that the courts have held that military correction boards have an abiding moral sanction to determine what constitutes an error or an injustice and to take steps to grant full and fitting relief.  Had it not been for the unfounded LOR/UIF, the applicant’s assignment would have, in all probability, been approved and he would have earned Reserve point credit for satisfactory Federal service.  I therefore believe that, in addition to the relief recommended by the Board majority, reinstatement of the applicant’s Air Force Reserve assignment and sufficient non-paid points to obtain satisfactory years of service provides the applicant with full and fitting relief.  In view of the foregoing, I direct that the records be corrected as set forth in the attached directive.

Director
Air Force Review Boards Agency

AFBCMR BC-2003-01678

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 APPLICANT be corrected to show that:

			a.  Any and all references to falsification of the Air Force Form 1288, Application for Ready Reserve Assignment, dated 13 September 2002, to include the 302 ASTS/CC Memorandum, dated 10 October 2002, be, and hereby are, declared void and removed from his records.

			b.  His Ready Reserve assignment was approved by competent authority and, effective 1 October 2002, he was assigned to the 302 Aeromedical Staging Squadron (302 ASTS), Peterson AFB, CO.

	c.  He was credited with 253 active duty points, 16 nonpaid Inactive Duty Training (IDT) points, and 15 membership points for retirement/retention year 21 January 2002 through 20 January 2003, resulting in 284 total points; and, that the period 21 January 2002 through 20 January 2003 is a year of satisfactory Federal service for retirement.

	d.   He was credited with 35 nonpaid Inactive Duty Training (IDT) points and 15 membership points for retirement/retention year 21 January 2003 through 20 January 2004, resulting in 50 total points; and, that the period 21 January 2003 through 20 January 2004 is a year of satisfactory Federal service for retirement.

                                     	Director
                                     	Air Force Review Boards Agency