RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00971 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her break in service following her separation from active duty on 31 August 2014 and appointment in the Individual Ready Reserve (IRR) on 1 December 2014 be eliminated. Her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect award of the Meritorious Service Medal with two bronze oak leaf clusters (MSM w/2 BOLC) (Administratively Corrected). APPLICANT CONTENDS THAT: The gap was through no fault of her own and was the result of a delay in the Secretary of Defense approving her scroll. The scroll was not approved until 1 December 2014 creating an improper gap in her service dates. Pursuant to the correction, she requests her Time-Grade (TIG), Date of Rank (DOR), pay date and other service dates be corrected to reflect no break in service. In support of her requests, she provides a personal statement and copies of her DD Form 214, AF IMT 100, Request and Authorization for Separation; ARPC IMT 92, Appointment Order; and other various documents associated with her requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently in the Air Force Reserve in the grade of major (O-4). On 3 January 2005, the applicant entered the Regular Air Force and was released from active duty on 31 August 2014, with a narrative reason for separation of “Force Shaping-VSP.” She was credited with 9 years, 7 months and 28 days of active duty service. According to Reserve Order PC-00556, dated 26 January 2015, the applicant was appointed as a Reserve of the Air Force officer on 1 December 2014. The applicant’s Total Federal Commission Service Date (TFCSD), DOR, Total Years’ Service Date (TYSD) and pay date were adjusted to reflect the break in service. The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force Offices of Primary Responsibility (OPR), which are included at Exhibits B and C. AIR FORCE EVALUATION: AFPC/DPSID verified the applicant should have been awarded the MSM w/2 BOLC and her record was administratively corrected. A complete copy of the AFPC/DPSID evaluation is at Exhibit B. ARPC/DPAR recommends approval of the applicant’s request to reflect no break in service. The applicant was voluntarily released from active duty and accepted separation pay under 10 U.S.C. § 1174. Per written agreement, the applicant is required to serve in the Ready Reserve of a Reserve component for a period of not less than three years following release from active duty. ARPC found no administrative error and concludes the break in service was no fault of the applicant. Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel Military Law (SAF/GCM) and the Board determined that the Board has the authority to adjust the Date of Separation (DOS) for these officers to prevent a break in service. Office of the Secretary of Defense General Counsel (OSD/GC) determined the appointment date is the date the Secretary of Defense approved the appointment or the date the oath was administered, whichever is later. The applicant was granted appointment in accordance with the OSD directive. A complete copy of the DPAR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 October 2015 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. Having carefully reviewed this application, we agree with the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, in addition to the administrative correction for award of the MSM w/2 BOLC, we recommend that the applicant’s record 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 was not released from active duty effective 31 August 2014 but on that date, she was continued on active duty through 30 November 2014. The following members of the Board considered AFBCMR Docket Number BC-2015-00971 in Executive Session on 13 January 2016 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 7 March 2015, w/atchs. Exhibit B. Memorandum, AFPC/DPSID, dated 10 August 2015. Exhibit C. Memorandum, ARPC/DPAR, dated 21 September 2015. Exhibit D. Letter, SAF/MRBR, dated 28 October 2015.