RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03127
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The break in service between his Active Duty separation and entry into the Air Force Reserve be eliminated and his appointment date be reflected as 21 March 2015, rather than 18 May 2015.

APPLICANT CONTENDS THAT:

He was hired by the Air Force Reserve squadron in November 2014 and submitted all the paperwork to Palace Front in January 2015.  The scroll process took over 5 months to be completed, which was out of his control.  He followed his in-servicer recruiter’s recommended timeline and was assured multiple times through his chain of command that the Reserve Scroll would be signed prior to him separating from active duty.  The break in service has caused him undue financial and medical stress on himself and his family.

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 28 May 2003.  

On 20 March 2015, the applicant resigned his commission, was furnished an honorable discharge, and was credited with 11 years, 9 months, and 23 days of active service.

On 18 May 2015, the applicant was appointed in the Air Force Reserve in the grade of Major.

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 18 May 2015 scroll at SECDEF level, the applicant incurred a break in service between applicant's date of separation (DOS) and appointment date into the Air Force Reserve.  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(s) was forwarded to the applicant on 24 February 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 21 March 2015, rather than 18 May 2015; however, the SECDEF appointment date of 18 May 2016 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 20 March 2015, but on that date, was continued on active duty until 17 May 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-2015-03127 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 17 Nov 15.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 16.