RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01060
		INDEX CODE:  135.00

		COUNSEL:  NONE

		HEARING DESIRED:  NONE

MANDATORY CASE COMPLETION DATE:  6 OCTOBER 2008

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APPLICANT REQUESTS THAT:

The effective date of her Reserve membership be corrected to 3 March 2007 and she be credited with eleven Inactive Duty Training (IDT) days of pay and points.

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APPLICANT CONTENDS THAT:

She was under the impression that everything was taken care of for her to separate active duty one day and the next day be a Reservist with no break in service.  She had already received her Individual Mobilization Augmentee (IMA) welcome packet telling her Retirement/Retention (R/R) date was 3 March 2007 and was told by the recruiter that nothing else was needed.  She started work on 5 March 2007 and on 19 March 2007, after working 11 days became aware of the problem.

In support of her request, the applicant provided a copy of her Appointment Order, Letters of Support, Electronic Mail (e-mail) with an attachment and a Memorandum from the Air Force Reserve Command (AFRC) Readiness Management Group.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve (AFRES) as an IMA in the grade of captain (Capt).

The applicant was released from active duty on 2 March 2007.  Her name was scrolled to the AF/REP on 2 January 2007.  Her 
appointment was approved by the Office of the Secretary of Defense on 20 March 2007.  She took her Reserve oath on 27 March 2007.

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AIR FORCE EVALUATION:

HQ ARPC/DPA recommends the requested relief be denied.  DPA states in accordance with the Deputy Secretary of Defense Memorandum dated 2 May 2005, all military officer appointments under section 12203 of Title 10, United States Code (USC), not previously approved by 30 June 2005, shall be submitted to the Secretary of Defense.

DPA further states the applicant was briefed by recruiting on or about 20 December 2006 correctly regarding the scroll process which caused a break in service between her date of separation (DOS) and her appointment date into the Air Force Reserve.

HQ ARPC/DPA evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states she understands that her start date in the Reserves cannot be changed but that it is possible for her DOS to be changed so that she does have a break in service and she can be paid for the time that she worked before she actually signed the oath.

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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 error or an injustice.  The applicant requested her date of separation from active duty be adjusted to reflect the day before her reserve appointment date.  It is the Air Reserve Personnel Center’s (ARPC) contention that the applicant was properly briefed regarding the scroll process.  However, it is our opinion that an injustice exists in this case and favorable consideration is warranted.  In this respect, whether or not she was properly briefed aside, the applicant was allowed to report for duty and in good faith performed IMA duties prior to OSD approval of her appointment.  Notwithstanding ARPCs contention, we do not believe the applicant bears the blunt of the blame for her predicament.  We believe that since she was allowed to report and actually performed duties, the benefit of doubt should be resolved in her favor and that her records should be corrected as indicated below.

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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:

a.	She was not released from active duty on 2 March 2007 and transferred to the Inactive Ready Reserve (IRR) on 3 March 2007, but continued on active duty.

b.	Her tender of resignation from her Regular Air Force appointment was accepted by competent authority and she was honorably discharged on 26 March 2007.

c.	She transferred to the Air Force Reserve on 27 March 2007.

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The following members of the Board considered this AFBCMR Docket Number BC-2007-01060 in Executive Session Executive Session on 8 August 2007 under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 30 Mar 07, w/atchs.
	Exhibit B.	Letter, HQ ARPC/DPA, dated 20 Apr 07, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 4 May 07.
	Exhibit D.	Applicant’s Response, dated 15 May 07, w/atchs.

					XXXXXXXXXX
					Panel Chair