RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01696
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His military records be corrected to reflect he had no break in service between his date of separation (DOS) from the Regular Air Force to his appointment in the Air Force Reserve.

His date of rank (DOR) to Captain be corrected to 28 May 2007.

His DOR to Major be corrected to 28 May 2014.

APPLICANT CONTENDS THAT:

He was told to submit an application to the Board for Corrections of Military Records (BCMR) because he incurred a break in service due to “excessive scroll routing and processing time”.  He completed and submitted all actions in July 2010 to apply for Secretary of Defense (SecDef) approval for his Reserve commission.  The normal approval time is 6-8 weeks; however, his approval took 4 months.  His date of rank (DOR) to the grade of captain needs to be corrected in his military records.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 June 2003.  

According to ARPC, on 5 July 2010, the applicant’s name was scrolled for the SecDef approval of his appointment in the Reserve.

On 1 October 2010, the applicant was furnished an honorable discharge, and was credited with 7 years, 3 months, and 11 days of active service.

According to ARPC, on 9 November 2010, the applicant was appointed as a reserve officer in the grade of captain (0-3).   He is now serving in the grade of major (0-4) with a DOR of 28 May 2013.

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 Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DPSOO defers to ARPC regarding the applicant’s DOR and provides an evaluation for informational purposes only noting that the applicant was promoted to the grade of Captain while on active duty with a DOR and effective date of 28 May 2007 as reflected on Special Order JB-002368.  The applicant separated on 1 October 2010 and has a DOR of 5 July 2007 with an effective date of 9 November 2010, which was after he separated from active duty.

A complete copy of the AFPC/DPSOO evaluation is at Exhibit C.

ARPC/DPA recommends approving the applicant’s request to eliminate his break in service.  In accordance with the Office of the Secretary of Defense (OSD) guidance regarding military officer appointments, the applicant’s name was scrolled at the OSD level on 5 July 2010, but due to a staffing delay in processing, the SecDef did not approve the applicant’s appointment until 9 November 2010, resulting in a break in service.  To correct breaks in service, SAF/GCM and the AFBCMR have determined that the BCMR has the authority to adjust the officer’s DOS in these cases to prevent a break in service.  ARPC has found no administrative error and concludes the break in service was no fault of the applicant.  

A complete copy of the ARPC/DPA evaluation is at Exhibit D.

Copies of the Air Force evaluations were forwarded to the applicant on 28 October 2015 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPA recommends approving the applicant’s request to reflect no break in service, thus adjusting his DOR for Captain and Major.  

A complete copy of the ARPC/DPA evaluation is at Exhibit F.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 May 2016, the applicant concurred with ARPC/DPA’s assessment and recommendation.

The applicant’s complete submission is at Exhibit H.

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 regarding the applicant’s break in service and his DOR for Captain and Major.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinions and recommendations of the Air Force OPR’s and adopt their rationale as the basis for our conclusion that relief should be granted.  Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief.  Consequently, by eliminating the break in service, and adjusting his DOR to the grades of Captain and Major, the applicant’s record is properly updated relative to his transition to the Air Force Reserve component.  Therefore, we recommend 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:

	a. He did not tender his resignation and was not discharged from all Regular Air Force appointments on 1 October 2010, but on that date, was continued on active duty until 8 November 2010, on which date he tendered his resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

	b. His date of rank to the grade of Captain be adjusted to 28 May 2007 and his date of rank to the grade of Major be adjusted to 28 May 2014.

The following members of the Board considered AFBCMR Docket Number BC-2015-01696 in Executive Session on 14 January 2016 and 1 August 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 pertaining to AFBCMR Docket Number BC-2015-01696 was considered:
	
	Exhibit A.  DD Form 149, dated 15 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOO, dated 29 May 15.
	Exhibit D.  Memorandum, ARPC/DPA, dated 19 Aug 15.
	Exhibit E.  Letter, SAF/MRBR, dated 28 Oct 15.