RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02964
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1)  He be placed in the Individual Ready Reserve (IRR) on 30 Sep 14;

2)  His Retention/Retirement (R/R) date and points reflect this assignment; and

3)  He be promoted to the rank of Major with an effective date of 6 Jun 15 to align with his original unit vacancy promotion board.

In rebuttal, the applicant further requests the board to change his Major date of rank from 27 Jul 16 to 11 Sep 15.  

APPLICANT CONTENDS THAT:
	
Due to an administrative error, he was not immediately transferred into the IRR when he separated from active duty.  Since this did not occur, it has adversely affected both his retirement credit and promotion date because of the erroneous break in service.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 10 Mar 09 after serving in the Army Reserve and Air National Guard.  

On 11 Jun 14, the applicant submitted, through Military Personnel Data System (MilPDS), a Voluntary Separation Application, indicating he planned to enter either the Air Guard or Air Force Reserve upon separation.  

On 16 Jun 14, the applicant completed an AF Form 24, Application for Appointment as Reserve of the Air Force, for appointment as a reserve member of the Air Force.  

On 29 Sep 14, the applicant was furnished an honorable discharge with a narrative reason for separation of Force Shaping-VSP [Voluntary Separation Pay], and was credited with 8 years, 9 months, and 11 days of active service.

According to Special Order ANG-A 114 TX, dated 8 Apr 15, the applicant was appointed as a Captain in the Texas Air National Guard effective 27 Feb 15.  

According to MilPDS, the applicant’s date of rank (DOR) to Major reflects 27 Jul 16.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, D, and G.

AIR FORCE EVALUATION:

ARPC/DPAR recommends partially granting the applicant’s request to reflect no break in service, indicating that although there is no evidence of an administrative error, the break in service was no fault of the applicant.  The applicant was voluntary released from active duty under the Voluntary Separation Pay (VSP) program and accepted separation pay under Section 1174 of Title 10, United States Code.  The applicant is required to serve in the Ready Reserve for a period of no less than three years following the person’s discharge or release from active duty.  Due to the fact that the applicant decided to join the National Guard, which has the authority to give temporary federal recognition prior to SECDEF approval, ARPC did not place the applicant on a scroll to be appointed to IRR for the military obligation incurred by separation pay.  Since the applicant’s appointment was not SECDEF approved on or before 30 Sep 14, ARPC can only adjust his appointment date according to his Temporary Federal Recognition Date of 27 Feb 15.
 
A complete copy of the ARPC/DPAR evaluation is at Exhibit C.

NGB/A1PO did not make a recommendation as ARPC is the appropriate OPR for members assigned to the IRR and NGB/A1PO is unable to make any records corrections until a break in service decision is made.  The applicant’s accession package was received on 5 Nov 14 and included a request for conditional release from the IRR, but MilPDS indicated he was not in fact enrolled in the IRR.

A complete copy of the NGB/A1PO evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the validity of the conclusions of the advisory opinions and supports the recommendation to amend his records by changing his DOS to 26 Feb 15.  However, he argues that had he entered the Texas Air National Guard without a break in service, he would have been eligible for a unit vacancy promotion to the rank of Major.  He asks the Board to consider the previously submitted, as well as the updated documentation regarding his promotion, to support a DOR for Major of 6 Jun 15.  

A complete copy of the applicant’s rebuttal, with attachment, is at Exhibit F.

ADDITIONAL AIR FORCE EVALUATION:

NGB/A1PO recommends correcting the service dates as indicated in the ARPC/DPAR advisory; however, recommends disapproving an adjustment to the applicant’s DOR to 6 Jun 15, indicating to grant additional relief would be contrary to the criteria established by ANGI 36-2504 Chapter 3, Position Vacancy (PV) Promotions (see Exhibit H).  While documentation suggests that the applicant would have been boarded for a PV promotion prior to meeting the mandatory board had it not been for the erroneous break in service, a 6 Jun 15 DOR cannot be awarded merely because the applicant believes this is the date he would have met a PV promotion board if the erroneous break in service had not occurred.  A PV Federal Recognition Examination Board was never held, nor was a PV promotion package ever submitted to NGB/A1PO for SECAF and SECDEF consideration.

A complete copy of the NGB/A1PO evaluation is at Exhibit G. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant, in rebuttal, amends his request and asks the board to also change his Major date of rank from 27 Jul 16 to 11 Sep 15.  He argues that he has presented sufficient evidence to support his request since the only reason he was ineligible for a vacancy promotion was based on his erroneous break in service.  In further support of his request, he provides documentation that he was being processed for a unit vacancy promotion and, but for the error in his service record, would have been promoted on 11 Sep 15.  

A complete copy of the applicant’s rebuttal, with attachment, is at Exhibit J.

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 opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice with regard to his break in service.  While we note in the applicant’s first rebuttal he apparently believes that ARPC is recommending a correction to show he was a member of the IRR from 30 September 2014 until 26 February 2015, ARPC is actually recommending an extension of his active duty separation date.  We concur with ARPC’s recommendation in this regard.  However, with regard to the applicant’s request for adjusting his Retention/Retirement date and points, the Board notes ARPC/DPAR will adjust his point summary administratively as a result of eliminating his break in service.  With regard to adjusting his date of rank as if he met a Position Vacancy (PV) promotion board, the NGB advisory notes that a PV Federal Recognition Examination Board was never held, nor was a PV promotion package ever submitted for SECAF and SECDEF consideration.  In short, regardless of the reason, the applicant was never properly appointed.  Because appointment authority lies outside of the Secretary of the Air Force’s authority, the Board’s authority to adjust associated dates of rank is similarly limited, especially where the officer never actually met a promotion board.   Therefore, we agree that any adjustment to his date of rank is not warranted, and 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 did not tender his resignation and was not discharged from all Regular Air Force appointments on 29 September 2014, but on that date, was continued on active duty until 26 February 2015, on which date he tendered his resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2015-02964 in Executive Session on 28 Mar 17 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-2015-02964 was considered:

	Exhibit A.  DD Form 149, dated 30 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 5 Jun 16.
	Exhibit D.  Memorandum, NGB/A1PO, dated 20 Jul 16.
	Exhibit E.  Letter, AFBCMR, dated 6 Sep 16.
	Exhibit F.  Applicant’s Rebuttal, dated 14 Sep 16, w/atch.
	Exhibit G.  Memorandum, NGB/A1PO, dated 6 Jan 17.
	Exhibit H.  ANGI 36-2504, Chapter 3 extract.
	Exhibit I.  Letter, AFBCMR, dated 8 Mar 17.
	Exhibit J.  Applicant’s Rebuttal, emailed 17 Mar 17, w/atchs.

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.