RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03036
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service between his active duty separation and entry into the Air Force Reserve (AFR) be eliminated and his appointment date be reflected as 27 September 2014, rather than 15 October 2014.

APPLICANT CONTENDS THAT:

The scroll process took over 5 months to be completed, which was out of his control.  The break in service was due to an overwhelming number of active duty Airman entering the AFR as a result of the Fiscal Year 2014 (FY14) Force Management.

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 31 July 2007.  

On 26 September 2014, the applicant was furnished an honorable discharge, and was credited with 7 years, 1 months, and 26 days of active service.

Reserve Order PC-00571, Appointment Order, dated 27 January 2015, appointed the applicant in the AFR in the grade of Captain effective 15 October 2014.

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 AFR.  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.  

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 is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 January 2016 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of ARPC/DPAR and adopt their rationale as the basis for our conclusion that relief should be granted.  Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief.  In addition, we note that the applicant requests to have his records corrected to reflect his appointment date as 27 September 2014, rather than 15 October 2014; however, the SECDEF appointment date of 15 October 2014 is the appropriate appointment date.  Consequently, we recommend the applicant’s record 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 26 September 2014, but on that date, was continued on active duty until 14 October 2014, 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-2015-03036 in Executive Session on 7 June 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 16 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 2 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 16.

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.