RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01054
								INDEX CODE:  110.01
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 October 2008

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APPLICANT REQUESTS THAT:

His date of separation (DOS) from active duty be adjusted to reflect the day before his reserve appointment so as not to have a break in service.

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APPLICANT CONTENDS THAT:

As a result of a 10 day break in service, he will be ineligible for the Captain Promotion Board, delaying his promotion for a year.

The document was submitted for the Secretary of Defense (SecDef) signature on 16 October 2006, but wasn’t signed off until 11 December 2006, 10 days after his active duty DOS of 1 December 2006.  

At no point in time did the Military Personnel Flight (MPF) or reserve recruiter inform him of an independent, lengthy review and signature process for being accessed into the reserves.

He was caught in a system technicality, and is being penalized unjustly by events outside his control and influence.

In support of his appeal, he has submitted a copy of his DD Form 214, dated 1 December 2006.

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

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STATEMENT OF FACTS:

Deputy Secretary of Defense (SecDef) Memo, dated 2 May 2005, states all military officer appointments under 10 USC, section 12203, not approved by 30 June 2005, will be submitted to the SecDef for approval.

On 16 October 2006, applicant’s name was scrolled to SecDef for appointment as an officer in the Air Force Reserve (USAFR).  He separated from active duty in the grade of First Lieutenant for miscellaneous/general reasons on 1 December 2006.  Although he took his Reserve Oath on 2 December 2006, the oath was invalid since it was administered before he was SecDef approved.  His reserve appointment was approved by SecDef on 11 December 2006; thus, he now has a 10 day break in service.  

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AIR FORCE EVALUATION:

ARPC/DPA recommends denial.  After review of his record and documentation relating to his appointment in the USAFR, they found no error or injustice to support his appeal, and show no system technicalities during the scroll process.

Applicant’s appointment order was issued IAW AFI 36-2005, 19 May 2003.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined that the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  OSD General Counsel determined the appointment date is the date SecDef approves the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment IAW the OSD directive.

The ARPC/DPA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 24 May 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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 to warrant adjusting applicant’s date of separation from the Regular Air Force to reflect a date one day before his appointment in the Air Force Reserve.  Evidence has been presented that applicant took his Reserve Oath the day following his separation from the Regular Air Force; however, through no fault of his own, the Secretary of Defense did not approve his appointment in the Air Force Reserve until 10 days later, thereby invalidating his oath and creating a break in service.  In view of the above, and in order to make the applicant whole and resolve any injustice in his favor, the Board recommends that 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:

		a. He was not honorably discharged from active duty on 1 December 2006 but continued on active duty.

		b. He was honorably discharged from active duty on 10 December 2006.

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The following members of the Board considered Docket Number BC-2007-01054 in Executive Session on 11 July 2007, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 17 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 24 May 07.

                                   XXXXXXXXXX
                                   Panel Chair