RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03398
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The break in service between her Active Duty separation and entry into the Air Force Reserve (AFR) be eliminated.

APPLICANT CONTENDS THAT:

Through no fault of her own, she was not scrolled prior to her date of separation.  She is asking for the break in serve to be removed because this affects her ability to have a good retirement/retention year for 2015, along with promotion opportunities being affected.

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 16 June 2008.  

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 1 August 2014 the applicant resigned from active duty, received an honorable character of service designation, and was credited with 6 years, 1 month, and 16 days of active service. 

Reserve Order PC-01415, Appointment Order, dated 30 September 2014, appointed the applicant as Captain, effective 21 August 2014 in the AFR.

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 Exhibits 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 21 August 2014 scroll at the Secretary of Defense (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.  The applicant will be eligible for SSB promotion consideration in lieu of the Calendar Year 2018 (CY18) Line and Non-Line Major Promotion Board.  
 
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, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 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 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 its 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 it is in the interest of justice to change the applicant’s date of separation from active duty to eliminate the break in service she experienced through no fault of her own.  Therefore, the applicant’s records should 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 released from active duty on 1 August 2014, but on that date, she continued to serve on active duty until 20 August 2014, on which date she tendered her 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-2015-03398 in Executive Session on 17 November 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 30 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAR, dated 30 Nov 15, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 9 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.