RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04919 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His commissioning date of 30 June 2005 be changed to 18 June 2005. APPLICANT CONTENDS THAT: On 26 April 2013, the Air Force Personnel Center (AFPC) brought to his attention that there is an erroneous copy of his Oath of Office dated 30 June 2005 that currently reflects his Total Federal Commission Service Date (TFCSD). Since this was over nine years ago, he vaguely recollect being instructed to sign the second Oath of Office form but was given no rationale as to why a second signature was required. He reluctantly signed the document but does recall not being administered the second Oath of Office as this action had been taken on 18 June 2005 with his commissioning class. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving as a Captain on active duty in the Air Force. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIPV recommends approval. The applicant’s 18 June 2005 commission should be established as his official oath of office. The change in his commission date would also adjust his pay date and date of rank to second lieutenant and subsequent promotions to first lieutenant and captain. His DOR to second lieutenant would change from 15 July 2005 to 9 July 2005. On 12 February 2003, the applicant enlisted in the Air Force Reserves for the purpose of becoming a commissioned officer through the Air Force Reserve Training Corps (AFROTC). He met all requirements upon graduation from San Diego State University and was subsequently approved by the Secretary of the Air Force for appointment as an officer. The applicant completed two oaths of office; one on 18 June 2005 and a second on 30 June 2005. Besides being administered two oaths, he has supporting documents including a letter dated 1 June 2005, Subject: Appointment as a Reserve of the Air Force. In this letter it states “If you do not accept this Tender of Appointment within the month in which this memorandum is dated, it is cancelled and must be returned with and explanation immediately.” AFROTC Registrar nor detachment commander have the authority to direct a second commission. Once the applicant was commissioned he became a Reserve Air Force Officer and would have needed to be discharged as such. HQ USAF/JAA provided an opinion regarding what constitutes commissioned status in a letter to SAF/MRBR. In the letter it states only two actions are necessary to appoint a commissioned officer - (1) appointment by the Secretary of Defense to an authorized grade and (2) tender and acceptance of the appointment. For individuals tendered a commission in the uniformed services, acceptance of the tendered commission is signified by execution of the oath of office, as required by 5 U.S.C. §3331.” A complete copy of the AFPC/DPSIPV evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 June 2015 for review and comment within 30 days (Exhibit C). 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 timely filed. 3. Sufficient 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 and agree with the opinion and recommendation of the Air Force OPR’s and adopts their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant’s records be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 18 June 2005, he was commissioned as a Second Lieutenant in the Reserve of the Air Force. The following members of the Board considered AFBCMR Docket Number BC-2014-04919 in Executive Session on 28 July 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 November 2014, w/atchs. Exhibit B. Memorandum, AFPC/DPSIPV, dated 3 March 2015. Exhibit C. Letter, SAF/MRBR, dated 2 June 2015. 1 2