RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04873 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His date of separation (DOS) from the Regular Air Force be changed from 30 Sep 13 to 17 Oct 13. APPLICANT CONTENDS THAT: His record unjustly reflects a “break in service” prior to his joining the New Jersey Air National Guard (NJ ANG) on 18 Oct 13. He required a waiver to join the ANG, and the delay in signing the waiver forced him to be placed in the Individual Ready Reserve (IRR) for 17 days, through no fault of his own. However, the Air Force Personnel Center (AFPC) failed to add him to the Reserve list when he left active duty. Therefore, he was not considered for selection to the grade of major on the Calendar Year 2014 Air National Guard (ANG) Line and Nonline Major and Lieutenant Colonel Promotion Selection Board. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 8 Sep 03. On 28 Mar 13, the applicant was notified that he was not selected for promotion go the grade of major on the Calendar Year 2012 Major Central Selection Board. Since this was his second non-selection to major, it established a mandatory separation date of 30 Sep 13. On 30 Sep 13, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Non-selection, permanent promotion,” and was credited with 10 years and 23 days of active service. Under Special Order AL-32, dated 11 Dec 13, the applicant was appointed to the New Jersey Air National Guard, effective 18 Oct 13. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1PP recommends denial indicating there is no evidence of an error or an injustice. The applicant’s Force Support Squadron submitted an appointment package to the National Guard Bureau (NGB) on 7 Oct 13, received approval to appoint him on 16 Oct 13, and appointed him into the ANG on 18 Oct 13. The processing time of eight days is considered a reasonable amount of time and does not constitute an error or injustice. The applicant’s DOS from active duty is established by Title 10 United States Code (USC) § 632, Effect of Failure of Selection for Promotion: Captains and Majors of the Army, Air Force, and Marine Corps and Lieutenants and Lieutenant Commanders in the Navy. A complete copy of the NGB/A1PP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of his request, the applicant provided a personal statement requesting the Air Reserve Personnel Center (ARPC) Retirements and Separations Division provide a staff advisory to the AFCMR instead of NGB/A1P. He contends the error was made at AFPC and offers several options which he believes will address his concerns. The applicant’s complete response, with attachments, is at Exhibit E. 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. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of NGB/A1PP indicating relief should be denied because the NGB processed the transfer request in a reasonable amount of time, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the break in service in the applicant’s official records came about through no fault of the applicant. 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 the applicant was not released from active duty on 30 September 2013, but on that date, he continued to serve on active duty until 17 October 2013, when he was released from active duty and transferred to the New Jersey Air National Guard, effective 18 October 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-04873 in Executive Session on 27 Jan 16 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04873 was considered: Exhibit A.  DD Form 149, dated 25 Nov 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGB/A1P, dated 24 Feb 15. Exhibit D.  Letter, SAF/MRBR, dated 18 Sep 15. Exhibit E.  Letter, Applicant, dated 14 Sep 15, w/atchs.