RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00612

			COUNSEL:  NONE

			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.   His date of separation (DOS) from active duty be corrected 
to reflect 25 November 2012.  

2.  His date of entry (DOE) in the Air Force Reserve be 
corrected to reflect 26 November 2012.  

3.  The remarks section of his ARPC IMT 92, Appointment Order, 
be corrected to remove the statement, “based on receipt of 
separation pay, incurred a 3-year service commitment into the 
USAFR, IAW Title 10 U.S.C., 1174(E).”  

4.  His Total Years of Service Date (TYSD), Total Federal 
Commissioned Service Date (TFCSD), and Promotion Date be 
corrected.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He applied for a reassignment from the Regular Air Force to the 
Air Force Reserve under the Palace Chase program.  He was 
approved for a 25 November 2012, separation and a 
26 November 2012, gain to the Reserve.  Based on the date the 
Secretary of Defense (SecDef) signed the scroll list, his record 
reflected a break in service even though he in-processed into 
the Reserve on 26 November 2012.  Additionally, someone in the 
personnel office changed his service dates to prevent the break 
in service but these dates are incorrect.  Regarding the remark 
in his ARPC IMT 92, he did not apply for, nor receive separation 
pay and therefore, does not have a 3-year service commitment as 
indicated.  

In support of his request, the applicant submits copies of 
documents extracted from his military personnel records.

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 Major, 0-4.  

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPTS recommends approval.  DPTS states that due to a delay 
in processing the 20 August 2012, scroll at the SecDef level the 
applicant incurred a break in service between his date of 
separation and his appointment date into the Air Force Reserve.  
DPTS further states, current policies do not allow for 
backdating oaths; however, SAF/GCM and the AFBCMR 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 the SecDef approves 
the appointment or the date the oath was administered, whichever 
is later.  The applicant was granted appointment in accordance 
with the Office of Secretary of Defense directive.  They found 
no administrative error and conclude the break in service was at 
no fault of the applicant.  Therefore, they recommend approval 
of the applicant’s request to reflect no break in service and 
corrections to service dates and ARPC IMT 92.  

The complete ARPC/DPTS evaluation, with attachments, is at 
Exhibit C.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 March 2013 for review and comment within 30 days 
(Exhibit D).  To date, a response has not 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 error or injustice.  After a 
thorough review of the evidence, we believe correction action is 
warranted.  The applicant contends that a delay in processing 
his reassignment from the Regular Air Force to the Air Force 
Reserve caused a break in service.  In this respect, the 
applicant’s name was scrolled on 20 August 2012; yet his 
appointment was not approved until 28 November 2012.  This delay 
caused a break in his service.  Therefore, 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 that the applicant’s service dates should be 
corrected as a result.  Additionally, the applicant requests his 
appointment order be corrected to remove the remark pertaining 
to a required service obligation.  We have been advised by the 
office of primary responsibility that the applicant does not 
have a 3-year service obligation and this statement should be 
removed from his appointment order.  Accordingly, we 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:  

	a.  He was not released from active duty effective 
25 November 2012, but was continued on active duty through 
27 November 2012.  

	b.  His ARPC IMT 92, Appointment Order, PC-00138 dated 
10 December 2012 be amended to remove the statement; “based on 
receipt of separation pay, incurred a 3-year service commitment 
into the USAFR, IAW Title 10 U.S.C., 1174(E).”

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 3 December 2013, under the provisions of 
AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2013-00612:

    Exhibit A.  DD Form 149, dated 18 January 2013, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPTS, dated 6 March 2013, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 March 2013.
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