RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-03138
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

Her date of separation (DOS) be changed to 30 Jul 13, rather 
than 17 Jul 13, to eliminate a break in service.


APPLICANT CONTENDS THAT:

Through no fault of her own, she was not scrolled for 
appointment as a reserve officer in time to prevent a break in 
service when she transferred from the Regular Air Force to the 
Reserve.

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


STATEMENT OF FACTS:

On 17 Jul 13, the applicant separated from the Regular Air 
Force.  

On 31 Jul 13, the applicant was appointed as an officer in the 
Air Force Reserve and is currently serving in the grade of 
captain (O-3) in the USAFR.

The remaining relevant facts pertaining to this application are 
described in the memoranda prepared by the Air Force office of 
primary responsibility (OPR), which is included at Exhibit C.


AIR FORCE EVALUATION:

ARPC/DPA recommends approval in regards to adjusting the 
applicant’s DOS to prevent a break in service.  Due to a delay 
in processing of the 11 Mar 13 scroll at the Secretary of 
Defense (SecDef) level, the applicant incurred a break in 
service between her DOS and her appointment date in the Air 
Force Reserve.  While the applicant’s scroll was processed prior 
to her release from active duty, it was not approved until after 
her discharge, creating a break in service.  In accordance with 
Deputy SecDef Memorandum, dated 2 May 05, all military officer 
appointments under Title 10, United States Code (USC), Section 
12203, not approved by 30 Jun 05, will be submitted to the 
SecDef for approval.  Therefore, because the applicant’s 
appointment as a Reserve officer had not been approved, she was 
unable to be commissioned as a Reserve officer.

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 date of separation for these officers to 
prevent a break in service.  SecDef General Council determined 
the appointment date is the date SecDef approves the appointment 
or the date the oath was administered, whichever is later.  The 
applicant’s break in service was due to no fault of her own.  
Therefore, the appropriate action to eliminate the applicant’s 
break in service would be to adjust the applicant’s DOS to 
coincide with her appointment in the Air Force Reserve.

A complete copy of the ARPC/DPA evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Nov 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 an injustice.  We took notice of 
the applicant’s complete submission in judging the merits of the 
case and agree with the opinion and recommendation of the Air 
Force office of primary responsibility and adopt its rationale 
for our conclusion that the applicant has been the victim of an 
error or injustice.  Therefore, we recommend the applicant’s 
records be corrected as indicated below. 


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
17 July 2013, the applicant was not released from active duty, 
but on that date, continued to serve on active duty until 
30 July 2013, when she was released from active duty.
The following members of the Board considered AFBCMR Docket 
Number BC-2014-03138 in Executive Session on 22 Apr 15, 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 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPA, dated 3 Sep 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.