RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00347 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His date of entry into the Air Force Reserves be corrected to remove a 9-day break in service. ________________________________________________________________ APPLICANT CONTENDS THAT: His paperwork was complete and showed that he should not have had a break in service. The week of his separation, his recruiter realized he would not be scrolled by his date of separation (DOS). He was told that he would be able to correct this once he in-processed into the Reserves. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant separated from the Regular Air Force on 16 August 2013. He transferred to the Air Force Reserves effective 26 August 2013; the date his appointment was approved by the Secretary of Defense (SecDef). ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPA recommends approval. In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef. Due to a delay in processing the 5 July 2013 scroll at SecDef level, the applicant incurred a break in service between his DOS and his appointment date into the Air Force Reserves. Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the date of separation for these officers to prevent a break in service. The General Counsel has 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 Office of Secretary of Defense directive. There was no administrative error and the break in service was not caused by the applicant. If the Board agrees with the recommendation, the applicant’s records should be corrected to reflect his date of separation as 25 August 2013. The complete DPA evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 September 2014, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ 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. 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 accordingly. Therefore, we recommend that the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty on 16 August 2013, but on that date, he was continued on active duty through 25 August 2013. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2014-003474 in Executive Session on 8 January 2015, 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 24 Jan 14, w/atchs. Exhibit B. Letter, ARPC/DPA, dated 12 Mar 14, w/atchs. Exhibit C. Letter, SAF/MRBR, 15 Sep 14.