RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01616 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His break in service following his separation from active duty and appointment in the Air Force Reserve be eliminated. APPLICANT CONTENDS THAT: His Total Federal Commission Service Date (TFCSD), Total Years’ Service Date (TYSD), pay date and Date of Rank (DOR) were adjusted by 23 days due to a break in service. According to his DD Form 214, Certificate of Release or Discharge from Active Duty, his separation date was 31 August 2014 and his Effective Date of Change of Strength Accountability (EDCSA) into the Air Force Reserve per his AF IMT 1288, Application for Ready Reserve Assignment, should have been 1 September 2014. However, his, ARPC IMT 92, Reserve Appointment Order, reflects his date of appointment is 23 September 2014, which is in error. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 7 December 2011, the applicant entered the Regular Air Force and was discharged on 31 August 2014 with a narrative reason for separation of “Miscellaneous-General/Reasons.” His ARPC IMT 92 reflects his date of appointment and assignment into the Air Force Reserve is 23 September 2014. 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 B. AIR FORCE EVALUATION: ARPC/DPAR recommends approval. There was no administrative error and the break in service was no fault of the applicant. The applicant’s appointment was approved by the Office of the Secretary of Defense (OSD) on 23 September 2014. Therefore, DPAR recommends his Date of Separation (DOS) be amended to 22 September 2014. 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 DOS for these officers to prevent a break in service. The OSD 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 (IAW) the OSD directive. A complete copy of the ARPC evaluation, with attachment, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 20 August 2015 for review and comment within 30 days (Exhibit C). 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 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 he was not released from active duty effective 31 August 2014 but on that date, he was continued on active duty through 22 September 2014. The following members of the Board considered AFBCMR Docket Number BC-2015-01616 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 12 April 2015, w/atchs. Exhibit B. Memorandum, ARPC, dated 26 may 2015, w/atch. Exhibit C. Letter, SAF/MRBR, dated 20 August 2015.