RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-00168 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His break in service between Active Duty separation and entry into the Air Force Reserve be eliminated, and his Effective Date of Change of Strength Accountability be established as 1 Aug 14.

APPLICANT CONTENDS THAT:
He was hired by a Reserve unit prior to his separation from active duty. However, due to a large number of airmen transferring from the active duty to Reserve component, a delay in the scrolling process caused a break in service between his date of separation (DOS) and appointment date into the Air Force Reserve.

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

STATEMENT OF FACTS:
On 20 Jan 06, the applicant entered the Regular Air Force.
On 31 Jul 14, the applicant was released from active duty, transferred to the Air Force Reserve component, and was credited with 8 years, 6 months, and 11 days of active service.

On 15 Oct 14, as approved by Office of Secretary of Defense (OSD), the applicant was appointed to the Air Force reserve in the grade of captain (O-3).

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

AIR FORCE EVALUATION:
ARPC/DPA recommends to grant relief, indicating there is evidence of an error or injustice warranting changing the applicant’s date of separation (DOS) to 14 Oct 14.   In accordance with Deputy

Secretary of Defense Memo, dated 2 May 05, all military officer appointments under Section 12203 of Title 10, U.S.C., not previously approved by 30 Jun 05, shall be submitted to the Secretary of Defense (SecDef). OSD General Counsel determined the appointment date is the date the 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 on 15 Oct 14. 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. ARPC/DPA has found no administrative error and concludes the break in service was no fault of the applicant.

Additionally, the applicant’s appointment order, ARPC IMT 92, dated 31 Dec 14, had incorrect service dates that have been amended for corrections (PC-00588, dated 29 Jan 15), in accordance with AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignments in Professional Categories - Reserve of the Air Force and United States Air Force, dated 19 May 03. Further, the applicant’s pay date was identified as incorrect and recomputed to reflect 14 May 99. The new pay date information has been coordinated with Reserve Services for validation and administratively corrected.

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 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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion 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 31 July 2014, he did not tender his resignation and was not discharged from all Regular Air Force appointments, but on that date, was continued on active duty until 14 October 2014, on which date he tendered his resignation, was discharged from all Regular Air Force appointments, and was then released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2015-00168 in Executive Session on 23 Sep 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 12 Jan 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, ARPC/DPA, dated 2 Feb 15. Exhibit D.	Letter, SAF/MRBR, dated 6 Mar 15.