RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02055 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to remove her break in service from 2006 through 2011, and reflect she entered the Air Force Reserve on 4 October 2006. _________________________________________________________________ APPLICANT CONTENDS THAT: Her intention after receiving approval of her Air Force Reserve (AFR) commission was to maintain her commission as evidenced by her application to the Air National Guard and the AFR. However, she was converted to a regular commission and discharged. She was not provided any explanation as to the ramifications of being discharged. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of captain (O-3). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPA recommends denial indicating there is no evidence of an error or an injustice. The applicant was a Reserve officer serving on extended active duty and became a regular active officer in accordance with the 2005 National Defense Authorization Act. On 3 Oct 06, she was discharged from the active duty, and from 19 Jun 06 through 12 Jun 07 tried to secure a position as an Individual Mobilization Augmentee (IMA), but was not successful. The applicant did not have a military service obligation. The applicant was approved for an Air Force Reserve commission on the 13 Sep 06 Scroll, but never took the oath of office, which is a required step to accept the appointment as an officer transition from Regular Active to Reserve. Since the applicant did not obtain a position, or take an oath of office to accept the commission, and her military service obligation expired, she was discharged from the Air Force. Therefore, the applicant’s break in service was the result of her being discharged due her military service obligation and no Oath of Office being administered for the Air Force Reserve ARPC/DPA complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 Aug 12, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02055 in Executive Session on 20 Feb 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPA, dated 16 Jul 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 7 Aug 12. Panel Chair