RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02830
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service from 30 Sep 11 through 20 Oct 11 be removed from his military personnel records.

APPLICANT CONTENDS THAT:

When he separated from active duty in 2011, he was not scrolled which led to a break in service.  He was not aware of this break in service until he joined the Air National Guard (ANG) and conducted a records review.

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

STATEMENT OF FACTS:

The applicant is currently serving in the ANG in the grade of captain (O-3).

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 30 Sep 11, he received an honorable discharge with a narrative reason for separation of “Completion of Required Active Service.”  He was credited with five years, two months and three days of total active service.

According to the applicant’s ARPC IMT 92, Appointment Order, on 20 Oct 11, he was appointed by the Secretary of Defense (SECDEF) to the Air Force Reserve (USAFR).

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPAR recommends approval.  DPAR states they found no administrative error and the break in service was of no fault of the applicant.

Due to a delay in processing of the 22 Aug 11 scroll at the SECDEF level, the applicant incurred a break in service between his Date of Separation (DOS) and appointment date into the Air Force Reserve.

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.  The appointment date has been determined to be the date SECDEF approves the appointment or the date the oath was administered, whichever is later.  Therefore, DPAR recommends the AFBCMR adjust the applicant’s DOS.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Aug 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 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 he was not discharged from the Air Force on 30 Sep 11, but on that date, he was continued on active duty until 19 Oct 11, on which date he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2015-02830 in Executive Session on 16 Aug 16 under the provisions of AFI 36-2603:

					 , Panel Chair
					 , Member
					   , Member

All members voted to correct the records as recommended.  The following documentary was considered:

	Exhibit A.  DD Form 149, dated 30 Jun 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 21 Jul 15.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Aug 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.