RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03098
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service following his separation from active duty and appointment in the Air Force Reserve be eliminated.

He receive his Air Force Reserve affiliation bonus.  

APPLICANT CONTENDS THAT:

He was told he was eligible for an affiliation bonus as a 14N, Intelligence Officer.  Subsequently, he was told he was ineligible because he had a gap in service.  His Date of Separation (DOS) from active duty was 13 February 2013 and his date of entry into the Air Force Reserve was 14 February 2013.  He should be eligible for the affiliation bonus.

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

STATEMENT OF FACTS:

The applicant is currently in the Air Force Reserve in the grade of major (O-4).  

The applicant entered the Regular Air Force on 21 July 2005 and was honorably discharged on 13 February 2013 with a narrative reason for separation of “Completion of Required Active Service.”

His ARPC IMT 92, Appointment Order, Reserve Order PC-00330, dated 22 March 2013, reflects his date of appointment and assignment into the Air Force Reserve is 21 February 2013.  

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

AIR FORCE EVALUATION:

ARPC/DPAA recommends denial of the applicant’s request for an officer affiliation bonus until his records reflect there is no break in service.  If the applicant meets the officer affiliation bonus requirements, he will be paid a total of $10,000 based on his three year contract while performing duties as a 14N3, Intelligence Officer.  After the updates have been made, the applicant’s bonus package should be resubmitted through myPers for a second review.  

The applicant’s bonus package was submitted on 16 August 2014 as an officer affiliation bonus.  The applicant states he was discharged from the Regular Air Force on 13 February 2013 and joined the Air Force Reserve on 14 February 2013.  However, based on two documents provided, the ARPC IMT 92 and Point Credit Accounting Reporting System (PCARS), the applicant has a break in service.  The applicant’s ARPC IMT 92 reflects an incorrect Effective Date of Initial Gain to Strength (EDIGS) date of 21 February 2013.  The applicant’s PCARS product also displays a break in service with the code Civilian Status (XC) from 14 February 2013 to 20 February 2013.  Per HQ AFRC policy, no member will be eligible for an affiliation bonus if they have a break in service.

A complete copy of the ARPC/DPAA evaluation is at Exhibit C.  

ARPC/DPAR recommends approval of the applicant’s request that his break in service be eliminated.  ARPC concludes the break in service was no fault of the applicant.  Due to a delay in processing of the Nominee Package dated 10 December 2012 at the Secretary of Defense (SECDEF) level, the applicant incurred a break in service between his DOS and appointment date into the Air Force Reserve. DPAR recommends his DOS from active duty be amended to 20 February 2013.   

Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel Military Law (SAF/GCM) and the Board determined that the Board has the authority to adjust the DOS for these officers to prevent a break in service.  The OSD General Counsel (OSD/GC) determined the appointment date is the date the Secretary of Defense approved the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the OSD directive.   

The Chief of Air Force Reserve approved a new officer incentive program effective 1 September 2008 for the Air Force Reserve Command, in accordance with the allowance provided in 37 U.S.C. § 308 as a recruitment and retention tool in specific officer Air Force Specialty Codes (AFSC) designated for bonus entitlement as critical skills.  In accordance with the HQ Air Staff Officer Incentive Memo, dated 25 September 2008, the applicant was identified as possessing a critical skill AFSC.  The applicant will be paid the Air Force Reserve Command Officer Affiliation Incentive Bonus in conjunction with the appointment as an Air Force Reserve officer in accordance with AFI 36-2638, Air Force Reserve Incentives, via a Case Management System (CMS) initiated by the assigned unit.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 29 December 2015 for review and comment within 30 days (Exhibit E).  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 ARPC/DPAR that the applicant’s break in service upon separation from active duty and appointment in the Air Force Reserve should be eliminated and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  With respect to the applicant’s request that he be paid an officer affiliation bonus, we note ARPC/DPAA recommends denial until such time as his records are corrected to eliminate his break in service and states that after the correction, he can resubmit his officer affiliation bonus application for a second review.  However, we are persuaded the applicant’s break in service which resulted in him not receiving his affiliation bonus was due to no fault of the applicant and we find no reason he should be required to resubmit his affiliation bonus application for a second review.  Therefore, we recommend his affiliation bonus application be approved.  Accordingly, 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:

     a. He was not discharged from active duty effective 13 February 2013 but on that date, he was continued on active duty through 20 February 2013.  

     b. His officer affiliation bonus was approved effective 21 February 2013 in accordance with 37 U.S.C. § 308 and HQ Air Staff Officer Incentive Memo, dated 25 September 2008.      

The following members of the Board considered AFBCMR Docket Number BC-2015-03098 in Executive Session on 3 May 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 13 May 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAA, dated 25 August 2015.
	Exhibit D.  Memorandum, ARPC/DPAR, dated 18 November 2015.
	Exhibit E.  Letter, SAF/MRBR, dated 29 December 2015.