RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04426 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her date of separation (DOS) from active duty in the Regular Air Force be adjusted to reflect the day before her appointment in the United States Air Force Reserve (USAFR) in order to eliminate her break in service. ___________________________________________________________________ APPLICANT CONTENDS THAT: Due to a delay in processing of the 19 July 2011 scroll at the Secretary of Defense (SecDef) level, she incurred a break in service between her DOS and her appointment date in the USAFR. This delay was out of her control. The applicant’s complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving as a captain (O-3) in the USAFR. She separated from the Regular Air Force effective 27 June 2011 and was appointed an officer in the USAFR effective 19 July 2011 (date of SecDef approval). In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Section 12203 of Title 10, United States Code (USC), not previously approved by 30 June 2005, shall be submitted to the SecDef for approval. The remaining relevant facts, extracted from the applicant’s military service record, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPA recommends approval. DPA states that 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 date of separation for these officers to prevent a break in service. SecDef General Council determined the appointment date is the date SecDef approves the appointment or the date the oath was administered, whichever is later. The applicant’s break in service was at no fault of her own. The appropriate action would be to eliminate the applicant’s break in service by correcting her record to reflect her DOS from the Regular Air Force as 18 July 2011. The complete DPA 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 6 November 2012 for review and comments within 30 days (Exhibit D). As of this date, no response has been received. ___________________________________________________________________ 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 relief. After a thorough review of the evidence presented, it appears the applicant’s appointment date was appropriately established in compliance with SecDef directive. However, we note the Air Force office of primary responsibility (OPR) indicates that the applicant’s break in service was at no fault of her own and should be corrected. Therefore, in an effort to offset any possibility of an injustice, we agree with the recommendation made by the Air Force OPR and recommend the applicant’s record be corrected as 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 she was not released from active duty, effective 27 June 2011, but on that date she was continued on active duty through 18 July 2011 and was released from active duty. ___________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04426 in Executive Session on 27 June 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2012- 04426 was considered: Exhibit A. DD Form 149, dated 6 Sep 12, with atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPA, dated 31 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12.