RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01989
		
  			COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The break in service between his Active Duty separation and entry into the Air Force Reserve be eliminated.

He be considered by a Special Selection Board (SSB) with a corrected Officer Selection Brief (OSB) that shows he is a participating reservist.

As an alternate, if the break in service cannot be eliminated and he cannot meet an SSB, he would like to eliminate any indications on his career brief and the Military Personnel Data System (MilPDS) that he has been passed over once for promotion to the grade of Major.

APPLICANT CONTENDS THAT:

If the break in service is eliminated, he should be considered by a special selection board for promotion to the grade of Major this year.  Due to delays in the scrolling process, he was unable to be added to an approved Reserve Scroll until 15 October 2014, which resulted in an official break in service.  

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

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 15 May 2005.  

On 29 September 2014, the applicant was released from active duty, furnished an honorable discharge, and was credited with 9 years, 3 months, and 17 days of active service.  

On 15 October 2014, the applicant was appointed in the Air Force Reserve in the grade of Captain.
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 approval of the applicant's request to reflect no break in service.  Due to a delay in processing of the 15 October 2014 scroll at SECDEF level, the applicant incurred a break in service between applicant's date of separation (DOS) and appointment date into the Air Force Reserve.  ARPC found no administrative error and concludes the break in service was no fault of the applicant.  Therefore, they advise implementation of SAF/GCM advisory granting AFBCMR authority to adjust the DOS.  The applicant will be eligible for SSB promotion consideration in lieu of the Calendar Year 2015 (CY15) Line and Nonline Major  Promotion Board.  
 
By way of background, in accordance with the Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Section 12203 of Title 10, United States Code, not previously approved by 30 June 2005, shall be submitted to the Secretary of Defense.

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 DOS for these officers to prevent a break in service.  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.

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 31 July 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 warranting relief.  Having carefully reviewed this application, we agree with the recommendation of the Air Reserve Personnel Center (ARPC) and adopt their rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  While we note the applicant requests SSB consideration, as noted by ARPC/DPAR, once his records are corrected he will automatically receive SSB consideration.  Therefore, we recommend the applicant's records be corrected to the extent 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, he did not tender his resignation and was not discharged from all Regular Air Force appointments, but on that date, was continued on active duty until 14 October 2014, on which date he tendered his resignation and was discharged from all Regular Air Force appointments.

The following members of the Board considered AFBCMR Docket Number BC-2015-01989 in Executive Session on 11 February 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 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 15 Jul 15, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Jul 15.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.