RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01690 INDEX CODE: 110.03
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
1.	His commission be reinstated.
2.	He be allowed to reenter the Regular Air Force as an officer.

APPLICANT CONTENDS THAT:
On 29 September 2006, he was honorably discharged from the Air Force through the Force Shaping Program. Without a steady income and having a mortgage to pay, he sold his house in Washington and moved to Montana where he contracted a new job. In December 2006, he was notified that his records met a Special Section Board (SSB) on 25 September 2006; the Board recommended he be retained in the Air Force. However, he made a commitment with a new employer and felt that he must fulfill his current obligation. He has since completed his obligation with the employer and would like to be reinstated into the Air Force.

In support of his request, he provided a copy of a personal letter, and a copy of a letter from AFPC/DPPPOC (Special Selection Board (SSB) results).

His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant served in the Regular Air Force for 9 years and
4 days.  He was prior enlisted and received his commission on
19 December 2003. He was honorably discharged on 29 September 2006 in the grade of first lieutenant, having assumed that grade effective and with a date of rank (DOR) of 19 December 2005. His Total  Active  Federal  Military  Service  Date  (TAFMSD)  is
26 September 1997.
He served in the Air Force Reserve for 7 years, 2 months, and
10 days.

AIR FORCE EVALUATION:
AFPC/DPSOS reviewed the applicant's request; however, they only address the basis of his separation which was through Force Shaping. In accordance with the appropriate regulation, his discharge was consistent with guidelines in place at the time of his discharge and was within the discretion of the discharge authority. DPSOS defers to DPSIPR regarding the applicant's reinstatement request.

The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSOO reviewed the applicant's request and provides an account of the applicant's process prior to his discharge when he requested to have his records meet an SSB. DPSOO approved his request to meet the SSB on 13 July 2006.

The complete DPSOO evaluation is at Exhibit D.
AFPC/DPSIPR recommends denial regarding reinstatement. DPSIPR states that the applicant met and was selected for retention by a SSB on 25 September 2006; however, the applicant was not notified until 14 December 2006 of his selection for retention. He has not provided any documentation to show that he had an obligation to a civilian employer; without documentation to the contrary, they do not recommend approval. The delay of this request of over one year may have caused him to no longer meet the eligibility criterion.

DPSIPR recommends he be granted relief by correcting his records to reflect that contingent upon meeting recall eligibility requirements and being medically qualified for EAD, he was recalled to EAD in the 31P AFSC via the Permanent Non-Rated Recall Program in the grade of first lieutenant and upon recall to EAD his service dates be adjusted IAW AFI 36-2604 (Service Dates and Dates of Rank).

The complete DPSIPR evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterates the fact that he had a large mortgage and had little income to pay the mortgage; he sold the house and moved to Bozeman, Montana, were he contracted with Ameriprise Financial as an Associate Financial Advisor on 7 December 2006. Security clearance paperwork was initiated on 13 December 2006.

In support of his request, he provides a personal statement, a copy of a letter from Ameriprise Financial, and a copy of an email associated with his security paperwork.

His complete submission, with attachments, is at Exhibit G.

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. After a thorough review of the evidence provided, it appears that the applicant’s records met an SSB which convened four days prior to his DOS. The applicant has expressed a desire to be allowed to reenter the Air Force; since the SSB results recommended that he be continued in the Air Force, we believe he should be given the opportunity to continue to serve in the Air Force. Thus, we agree with the opinion and recommendation of DPSIPR that the applicant should be granted relief in this case. Therefore, we recommend his records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that contingent upon meeting recall eligibility requirements and being medically qualified for EAD, he be recalled to EAD IAW AFI 36-2008, in the 31P AFSC via the Permanent Non-Rated Recall Program in the grade of first lieutenant and upon recall to EAD his service dates be adjusted IAW AFI 36-2604 (Service Dates and Dates of Rank).

The following members of the Board considered AFBCMR Docket Number BC-2008-01690 in Executive Session on 15 January 2009, under the provisions of AFI 36-2603:

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

Exhibit A.	DD Form 149, dated 28 April 2008. w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPSOS, dated 17 July 2008. Exhibit D.	Letter, AFPC/DPSOO, dated 25 July 2008. Exhibit E.	Letter, AFPC/DPSIPR, dated 25 November 2008. Exhibit F.	Letter, SAF/MRBR, dated 12 December 2008.
Exhibit G.	Letter, Applicant, not dated, w/atchs.