RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-04513
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her date of entry into the Air Force Reserve be changed to 1 Jan 
14.


APPLICANT CONTENDS THAT:

She should have no break in service.  Her Oath of Office is 
dated correctly.  On 16 Sep 13, she began the scroll process; 
however, the scroll was not approved until 6 Jan 14.  

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


STATEMENT OF FACTS:

On 30 May 07, the applicant entered active duty as a Regular Air 
Force officer.  The applicant is currently serving in the USAFR 
in the grade of Captain (Capt/O-3).  

According to her DD Form 214, on 31 Dec 13, the applicant 
resigned her commission and was transferred to the Air Force 
Reserve.  

On 6 Jan 14, the applicant was appointed, in the grade of 
captain, into the Air Force Reserve.  


AIR FORCE EVALUATION:

ARPC/DPA recommends approval of the applicant's request to 
reflect no break in service.  They found no administrative error 
and conclude the break in service was at no fault of the 
applicant.  DPA advise that implementation of the Secretary of 
the Air Force General Counsel (SAF/GCM) advisory, grants the 
AFBCMR authority to adjust the DOS. 

DPA indicates that 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 DOS for these officers to 
prevent a break in service.  The office of the Secretary of 
Defense (OSD) General Counsel 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 OSD directive.

The complete DPA evaluation, with attachment, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Mar 15 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 error or 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 Reserve office of primary responsibility and 
adopt its rationale as the basis for our conclusion the 
applicant has been the victim of an error or injustice.  While 
the applicant is requesting that her date of appointment as a 
Reserve officer be adjusted from 6 Jan 14 to 1 Jan 14, this 
Board does not have the authority to recommend such a 
correction.  In this respect, we note that only the Secretary of 
Defense, not the Secretary of the Air Force, has authority to 
appoint Reserve officers in certain grades.  However, to remove 
the applicant’s break in service, this Board does have authority 
to correct the applicant’s records to reflect that her date of 
separation be changed to coincide with her appointment as a 
Reserve officer.  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 she 
did not tender her resignation and was not discharged from all 
Regular Air Force appointments on 31 Dec 13, but on that date, 
was continued on active duty until 5 Jan 14, 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-2014-04513 in Executive Session on 30 Jul 15 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 30 Oct 14, w/atch.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, ARPC/DPA, dated 26 Jan 15.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Mar 15.