0RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-02438
							INDEX CODE:  107.00
    							COUNSEL:  NONE
    				HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His 48-day break in service be removed and his date of rank (DOR) be changed to 20 Dec 02 (date of original commissioning).  

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APPLICANT CONTENDS THAT:

No break in service occurred.  He was commissioned into the Air Force Reserve on 20 Mar 07.  

In support of his request, applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.  

The applicant’s complete submission, with attachment, is at Exhibit A.  

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System reflects the applicant’s Total Federal Commissioned Service Date as 20 Dec 02.  He is currently serving in the Air Force Reserve as an Individual Mobilization Augmentee in the grade of captain, with a date of rank of 8 Feb 07 and an effective date of 20 Mar 07.  

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AIR FORCE EVALUATION:

ARPC/DPA recommends a partial grant.  DPA states that current policies do not allow for backdating oaths; however, SAF/GCM determined that the AFBCMR has the authority to adjust the Date of Separation (DOS) to prevent a break in service.  SAF/GCM determined the appointment date is the date the SecDef approves the appointment or the date the oath was administered, whichever is later.  DPA states they found no administrative error and conclude the break in service was at no fault of the applicant.  The complete ARPC/DPA evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on 8 Aug 08 for review and comment within 30 days.  As of this date, this office has not received a 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 an injustice warranting partial relief.  Based on the advisory opinion provided by ARPC/DPA, it appears that due to an unusual circumstance, the applicant was negatively impacted, which caused a break in service between his DOS and his appointment date into the Air Force Reserve.  Accordingly, we believe his records should be corrected to reflect his DOS as 19 Mar 07.  With respect to the applicant's request to adjust his DOR to 20 Dec 02, we are not persuaded by the evidence provided that his DOR should be changed to other than 20 Dec 06, the DOR he had on active duty.  Therefore, we recommend his records be corrected to the extent 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 he was not discharged from the Air Force on 1 February 2007, but was continued on active duty until 19 March 2007, on which date he was discharged from active duty.

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The following members of the Board considered Docket Number BC-2008-02438 in Executive Session on 11 Dec 08, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number BC-2008-02438 was considered:

    Exhibit A.  DD Form 149, dated 11 May 08, w/atch.
    Exhibit B.  Letter, ARPC/DPA, dated 31 Jul 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 8 Aug 08.

                     			
								Panel Chair

AFBCMR BC-2008-02438

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 he was not discharged from the Air Force on 1 February 2007, but was continued on active duty until 19 March 2007, on which date he was discharged from active duty.

	                                                             
	                                                             Director
	                                                             Air Force Review Boards Agency