RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04007 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her service dates be adjusted to remove her break in service. ________________________________________________________________ APPLICANT CONTENDS THAT: Officers with a regular commission cannot be gained into the United States Air Force Reserve (USAFR) until they are approved on the scroll for a Reserve commission. On 28 Mar 13, she agreed to accept a commission and the In-Service Recruiter immediately added her to the scroll. She would not have incurred a break in service if the scroll request was approved prior to her 30 Jun 13 Date of Separation (DOS). On 31 Jul 13, the scroll was approved and on 2 Aug 13, her recruiter was notified. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 7 Dec 01, the applicant was commissioned in the USAFR. On 2 Jan 02, the applicant entered active duty in the Regular Air Force. On 11 Mar 13, the applicant was placed on the scroll. On 30 Jun 13, the applicant resigned her commission and was released from active duty. On 31 Jul 13, the Secretary of Defense (SECDEF) approved the scroll list and the applicant was appointed as a Reserve officer. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPA recommends approval. DPA found no administrative error and conclude the applicant was not at fault for the break in service. DPA states that the office of the Secretary of Defense General Counsel (OSD/GC) determined the appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later. Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel (SAF/GCM) and the AFBCMR have determined that the AFBCMR has the authority to adjust the DOS to prevent a break in service. The complete DPA 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 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (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 corrective action. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant’s record 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 the Board's 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 APPLICANT be corrected to show that she did not tender her resignation and was not discharged from all Regular Air Force appointments on 30 Jun 13, but on that date, was continued on active duty until 30 Jul 13, on which date she tendered her resignation, was discharged from all Regular Air Force appointments, and was released from active duty. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-04007 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Aug 13. Exhibit B. Applicant’s Available Master Personnel Record. Exhibit C. Letter, ARPC/DPA, dated 22 Oct 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 8 Nov 13.