RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01186
		
 			COUNSEL:  NONE
		
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of entry into the Air Force Reserves be corrected to 
remove a break in service. 

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APPLICANT CONTENDS THAT:

A delay in getting his scroll approved at the Secretary of 
Defense’s (SecDef) Office created a gap in his service.  His 
recruiter submitted the scroll for approval on 7 October 2013, 
four months prior to his separation date of 31 January 2014.  

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

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STATEMENT OF FACTS:

The applicant separated from the Regular Air Force on 31 January 
2014.  He transferred to the Air Force Reserves effective 
12 February 2014; the date his appointment was approved by the 
SecDef.

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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 7 October 2013 scroll at SecDef 
level, the applicant incurred a break in service between his 
date of separation 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 11 February 2014.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 30 September 2014, for review and comment within 
30 days (Exhibit C).  As of this date, this office has received 
no response.

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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 
caused a break in service.  In this respect the applicant’s name 
was scrolled on 7 October 2013; yet his appointment was not 
approved until 12 February 2014.  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 indicated below.

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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 31 January 2014, but on that date, 
he was continued on active duty through 11 February 2014.

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The following members of the Board considered AFBCMR Docket 
Number BC-2014-01186 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 1 Mar 14, w/atchs.
  Exhibit B.  Letter, ARPC/DPA, dated 2 May 14, w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 30 Sep 14.