RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-01817 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
The break in service be removed and his 15 Oct 14, appointment date entering the Air Force Reserve be corrected to 30 Sep 14.

APPLICANT CONTENDS THAT:
He separated from active duty on 29 Sep 14. In June 2014 he was given an intent to hire letter by a Reserve unit and his name was added to the Reserve scroll on 6 Jun 14, however, due to reasons outside of his control, the Secretary of Defense did not sign his scroll until 15 Oct 14. He feels that he should not have a break in service because it was out of his control to get on the Reserve scroll. He was told that he should be scrolled by his date of separation but that did not happen. As a result of this break in service, his Reserve unit will not honor his line number for promotion to the grade of Major (O-4) that he attained prior to leaving active duty.

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

STATEMENT OF FACTS:
The  applicant  initially  entered  the  Regular  Air  Force  on
30 Aug 04.
On 29 Sep 14, the applicant was released from active duty with an honorable characterization of service and was credited with ten years and one month of active service.

According to Reserve Order PC-00417 the applicant was appointed in the Air Force Reserve on 15 Oct 14.

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/DPAR recommends granting relief, indicating there is evidence of an error or injustice. In accordance with the Deputy Secretary of Defense Memo, dated 2 May 05, all military officer appointments under Section 12203 of Title 10, United States Code, not previously approved by 30 Jun 05, shall be submitted to the Secretary of Defense. OSD General Counsel determined the appointment date is the date the Secretary of Defense 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 (15 Oct 14). Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR has determined that the AFBCMR has the authority to adjust the DOS for these officers 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/DPAR evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air  Force evaluation was forwarded to the applicant on 27 Jul 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 error or injustice. After a thorough review of the evidence, we believe corrective action is warranted. The applicant contends that a delay in processing his reassignment from the Regular Air Force to the Air Force Reserve caused a break-in-service. In this respect, the applicant’s name was scrolled on 6 June 2014; yet his appointment was not approved until 15 October 2014. This delay caused a break in his service. Therefore, we 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 that the applicant’s service dates should be corrected as a result.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty effective 29 September 2014, but was continued on active duty through 14 October 2014.

The following members of the Board considered AFBCMR Docket Number BC-2015-01817 in Executive Session on 27 Oct 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 pertaining to AFBCMR  Docket Number BC-2015-01817 was considered:

Exhibit A.	DD Form 149, dated 27 Apr 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPAR, dated 9 Jun 15 Exhibit D.	Letter, SAF/MRBR, dated 27 Jul 15.