RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03240

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His date of appointment into the Air Force Reserve be changed to 2 March 2015, rather than 29 September 2014, to eliminate a break in service.

APPLICANT CONTENDS THAT:

Due to the delay in the process of the 3 March 2015 scroll at the Secretary of Defense (SecDef) level, he incurred a break in service between his date of separation (DOS) and date of appointment in the Air Force Reserve.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he entered the Regular Air Force on 27 May 2009.

On 30 April 2014, the applicant signed an Individual Ready Reserve Agreement/Statement of Understanding for Officer Voluntary Separation Pay (VSP) acknowledging he will serve in the Ready Reserve for a period of three years.

On 29 September 2014, the applicant was separated from the Regular Air Force and transferred to the Inactive Ready Reserve (IRR).

According to the applicant, he was approved to be scrolled before his DOS but was not submitted for the scroll process until October 2014, which was after his DOS.

On 29 January 2015, the applicant submitted an AF IMT 1288, Application for Ready Reserve Assignment.  On 17 June 2015, the applicant’s request for a Ready Reserve assignment was approved and he was assigned to the USSTRATCOM/CYBERCOM as a Defense Cyber Operations Mission Lead Officer.

According to Reserve Order PC-01454, dated 16 July 2015, the applicant was appointed as a Ready Reserve Category E officer in the Air Force Reserve on 3 March 2015, and is currently serving in the grade of captain (O-3) in the USAFR.

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.  DPAR states they found no administrative error and conclude the break in service was no fault of the applicant.  DPAR further states that in accordance with (IAW) the Deputy SecDef Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code (USC), Section 12203, not approved by 30 June 2005, will be submitted to the SecDef for approval.

Due to a delay in processing of Nominee Package 452 at SecDef level, the applicant incurred a break in service between applicant’s DOS and appointment date into the Air Force Reserve.  

The following is the timeline for the applicant’s appointment:

DOS:  29 September 2014
Nominee Package:  452
Appointment approved by OSD:  3 March 2015

The applicant was voluntary released from active duty and accepted separation pay under Section 1174 of Title 10, United States Code.  The applicant is required by a written agreement with the Secretary concerned, to serve in the Ready Reserve of a Reserve component for a period of no less than three years following his discharge or release from active duty.

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 date of separation for those officers to prevent a break in service.  SecDef General Council determined the appointment date is the date SecDef approved the appointment or the date the oath are administered, whichever, is later.

The applicant’s break in service was due to no fault of his own.  Therefore, the appropriate action to eliminate the applicant’s break in service would be to adjust the applicant’s DOS.

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 8 March 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 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 office of primary responsibility (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 on 29 September 2014, he was not released from active duty, but on that date, continued to serve on active duty until 2 March 2015, when he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2015-03240 in Executive Session on 27 September 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 pertaining to AFBCMR Docket Number BC-2015-03240 was considered:

	Exhibit A.  DD Form 149, dated 25 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 30 Nov 15, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Mar 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.