RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03292

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her break in service between her Date of Separation (DOS) and Date Initial Entry Reserve Forces (DIERF) be eliminated.

APPLICANT CONTENDS THAT:

In Jul 14, she applied to enter the Air Force Reserve looking to avoid a break in service and in anticipation of her 11 Nov 14 separation.  Through no fault of her own, her recruiter failed to submit her paperwork until Oct 14, which slowed the process, but should not have resulted in a break in service.  The break in service not only increases her wait for promotion eligibility, but makes her ineligible for a $10,000 bonus available to intelligence officers moving from active duty to the Air Force Reserve.  

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

STATEMENT OF FACTS:

Prior to the events under review, the applicant enlisted in the Regular Air Force on 26 Aug 08 and served until her discharge on 21 Jul 09.  On 22 Jul 09, the applicant was commissioned in the Regular Air Force.  

According to her AF Form 1288, Application for Ready Reserve Assignment, as provided by the applicant, she was approved for a participating Reserve position, on 25 Sep 14 and the In-Service Recruiter, recommended approval, on 24 Oct 14.

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her resignation from active duty on 11 Nov 14, reflects she was released from active duty and transferred to the Air Force Reserve, with a Reserve Obligation Termination Date of 25 Aug 16, in the grade of captain.  She was credited with 5 years, 3 months and 20 days of active duty service.

AIR FORCE EVALUATION:

ARPC/DPA recommends approval of the applicant's request to reflect no break in service.  In Accordance With (IAW) Deputy SECDEF memo, dated 2 May 05, military officer appointments under Title 10, Section 12203, United States Code not previously approved by 30 Jun 05, shall be submitted to the SECDEF.  The applicant’s appointment order, PC-00996, dated 5 May 15, was issued IAW AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, dated 19 May 03.  

On 11 Nov 14, the applicant was discharged from the Air Force, and, on 2 Feb 15, her appointment was approved by the Office of the Secretary of Defense (OSD) and she accepted a commission in the Reserve of the Air Force.

Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the Board 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 OSD approved the appointment or the date the oath was administered, whichever is later.  

ARPC found no administrative error and concludes the break in service was at no fault of the applicant.  The applicant will be paid the AFRC Command Officer Affiliation Incentive Bonus via a Case Management System (CMS) case initiated by her assigned unit. 
 
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 2 Feb 16, 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 to warrant partial relief.  Although the applicant requests the break in service between her DOS and DIERF be eliminated, the controlling date is the date of appointment, 2 Feb 15.  Therefore, we agree with the opinion and recommendation of the Air Force Office of Primary Responsibility (OPR) and adopt the rationale expressed as the basis for decision that the applicant has been the victim of an error or injustice.  Accordingly, we recommend the applicant’s records be corrected to the extent 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 she was not discharged from the Air Force on 11 November 2014, but on that date, she was continued on active duty until 1 February 2015, on which date she was discharged from active duty. 

The following members of the Board considered AFBCMR Docket Number BC-2015-03292 in Executive Session on 18 Oct 16, 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 30 Jul 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 20 Jan 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 2 Feb 16.