RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-02467

							COUNSEL:  NONE

							HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His date of entry into the Reserve be changed to 16 Feb 2015, 
the day after he separated from active duty, in order to avoid a 
break in service between active duty and the Reserve.


APPLICANT CONTENDS THAT:

In order to avoid having a break in service, he started working 
with the Reserve In-Service Recruiter; however, the signing of 
his SCROLL was delayed and it did not get signed until Mar 15.  
The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 15 Jul 06, the applicant entered the Regular Air Force.

On 15 Feb 15, the applicant was furnished an Honorable 
discharge, and was credited with eight years, seven months, and 
two days of active service.

On 3 Mar 15, as approved by Office of Secretary of Defense 
(OSD), the applicant was appointed to the Air Force Reserve in 
the grade of captain (O-3).

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 to grant relief, indicating there is 
evidence of an error or injustice warranting changing the 
applicant’s date of separation (DOS) to 2 Mar 15.  In accordance 
with Deputy Secretary of Defense Memo, dated 2 May 05, all 
military officer appointments under Section 12203 of Title 10, 
U.S.C., not previously approved by 30 Jun 05, shall be submitted 
to the Secretary of Defense (SecDef).  OSD General Counsel 
determined the appointment date is the date the SecDef 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 on 
3 Mar 15.  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.  ARPC/DPAR has found no 
administrative error and concludes the break in service was no 
fault of the applicant.

The applicant was voluntary released from active duty and 
accepted separation pay under Section 1174 of Title 10, United 
States Code.  The applicant is required by a written agreement 
with the Secretary concerned, to serve in the Ready Reserve of a 
Reserve component for a period of not less than three years 
following the person’s discharge or release from active duty.

An appointment order was issued, PC-01045, dated 18 May 15,  in 
accordance with AFI 36-2005, Appointment In Commissioned Grades 
and Designation and Assignment in Professional Categories – 
Reserve of the Air Force and United States Air Force, dated 
19 May 03.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 4 Nov 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 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 office of primary responsibility (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 on 15 
February 2015, 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 2 March 2015, on which 
date he tendered his resignation, was discharged from all 
Regular Air Force appointments, and was then released from 
active duty.


The following members of the Board considered AFBCMR Docket 
Number BC-2015-02467 in Executive Session on 1 Mar 16, 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 10 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPPAR, dated 6 Aug 15.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 15.