RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01915

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His date of appointment into the Air Force Reserve be changed to 30 Sep 14, rather than 1 Jan 15, to eliminate a break in service.

APPLICANT CONTENDS THAT:

Due to the delay in the processing of Nominee Package at the Secretary of Defense (SecDef) level, he incurred a break in service between his DOS and appointment in the Air Force Reserve.

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

STATEMENT OF FACTS:

On 29 Sep 14, the applicant was released from active duty and was separated from the Regular Air Force.

On 1 Jan 15, he was appointed as an officer in the Air Force Reserve.  He is currently serving as a captain (O-3) in the Reserve.

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 approval.  The Deputy SecDef Memorandum, dated 2 May 05, states all military officer appointments under Title 10, United States Code (USC), Section 12203, not approved by 30 Jun 05, will be submitted to the SecDef for approval.

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 date of separation for those officers to prevent a break in service.  SecDef General Council determined the appointment date is the date SecDef approved the appointment or the date the oath are administered, whichever, is later.  The applicant’s break in service was due to no fault of his own.  Therefore, the appropriate action to eliminate the applicant’s break in service would be to adjust the applicant’s DOS.

A complete copy of the ARPC/DPA evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 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 an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, it appears the applicant’s appointment date was appropriately established in compliance with SecDef directive.  However, we note the Air Force office of primary responsibility (OPR) indicates that the applicant’s break in service was due to no fault of his own and should be corrected.  We agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant’s service dates should be corrected.  Accordingly, 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 29 September 2014, the applicant was not released from active duty, but on that date, continued to serve on active duty until 31 December 2014, when he was released from active duty and transferred to the Air Force Reserve on 1 January 2015.

The following members of the Board considered AFBCMR Docket Number BC-2015-01915 in Executive Session on 10 Dec 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-2015-01915 was considered:

	Exhibit A.  DD Form 149, dated 4 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 22 Jun 15,
  w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Jul 15.