RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-00087
								COUNSEL: NONE 
								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

1.  Her commissioning date of 17 May 03 be reinstated as her 
Retention/Retirement (R/R) date.

2.  In her response to the Air Force Reserve advisory opinion, 
the applicant amended her application to request that she be 
considered for promotion by a Special Selection Board (SSB) for 
the Calendar Year 2013 (CY13) Major Promotion Board which 
convened on 14 Jan 13.

________________________________________________________________

APPLICANT CONTENDS THAT:

She had a break in service between her active duty separation 
and her Air Force Reserve appointment.  However, she should not 
have had a break in service because she had a Reserve commitment 
which did not expire until 20 May 11, which was a result of her 
Air Force Reserve Officer Training Corps (AFROTC) commitment.  
The break in service resulted in a new R/R date of 25 Feb 11, 
which is incorrect.  

In support of her appeal, the applicant provides copies of her 
commissioning order; her AFROTC commissioning contract, and 
AF Form 133, Oath of Office.

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

________________________________________________________________

STATEMENT OF FACTS:

On 17 May 03, the applicant was commissioned in the Regular Air 
Force, with a source of commission as AFROTC.  The applicant is 
currently serving in the USAFR in the grade of captain (O-3).  

On 3 Jan 11, the applicant’ name was placed on the scroll list 
and submitted to the Secretary of Defense (SECDEF) for approval.  
On 18 Feb 11, the applicant was discharged from active duty. On 
25 Feb 11, the SECDEF approved the scroll list.  

The applicant was considered and nonselected by the CY13 Major 
Promotion Board which convened on 14 Jan 13.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends approval of the applicant's request to 
reflect no break in service.  They found no administrative error 
and conclude the break in service was at no fault of the member.  

DPA indicates 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 DOS for these officers to 
prevent a break in service.  The office of the Secretary of 
Defense (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 in accordance with the OSD directive.

The complete DPA evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant agrees with the recommendation in the advisory 
opinion; however, she believes that the errors in her record 
caused by the break in service may have led to her nonselection 
for promotion to the grade of major.  She requests an SSB for 
the CY13 Major Promotion Board.

The applicant’s complete response, with attachment, is at 
Exhibit D.  

________________________________________________________________

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 error or injustice warranting 
removing her break in service.  The Air Force Reserve office of 
primary responsibility (OPR) has adequately addressed the issues 
presented by the applicant and we are in agreement with its 
opinion and recommendation.  In addition, we note after 
reviewing the OPR evaluation, the applicant amended her request 
to include SSB consideration for the CY13 Major Central 
Selection Board (CSB).  Based on the delay when the SECDEF 
approved the appointment, which caused a change to the applicant 
service and promotion dates, we also believe that her corrected 
record should be considered by a Special Selection Board for the 
CY13 Major CSB.  Therefore, in the interest of justice, we 
recommend her 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 18 Feb 11, but on that 
date she was continued on active duty through 24 Feb 11 and was 
then released from active duty. 

It is further recommended that her corrected record be 
considered for promotion to the grade of major by a Special 
Selection Board for the Calendar Year 2013 Major Central 
Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00087 in Executive Session on 26 Sep 13, under 
the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Dec 12, with atchs.
     Exhibit B.  Letter, ARPC/DPA, dated 7 Mar 13, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 15 Mar 13.
     Exhibit D.  Letter, Applicant, dated 25 Mar 13, w/atchs.
2 3