RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03405

					COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Date of Separation (DOS) be adjusted to 22 Sept 14 to eliminate a break in service between Active Duty separation and entry into the Air Force Reserve.  

APPLICANT CONTENDS THAT:

He voluntarily separated from active duty and requested a PALACE FRONT appointment to the Reserve.  However, his Reserve appointment was not approved until 23 Sep 14 due to a delay in the scroll process.  As a result, he received a break-in-service from 
6 Sep 14 through 22 Sep 14.  This resulted in an adjustment of several service dates, including total federal commissioned service date, date of rank, total years of service, and pay date. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
29 Sep 06.

On 5 Sep 14, the applicant received an honorable discharge with a narrative reason for separation of “Force Shaping – VSP.”  He was credited with 11 years, 3 months and 9 days of total active service.

On 23 Sep 14, the applicant was appointed by the Secretary of Defense (SECDEF) to the Air Force Reserve (AFRES) in the grade of captain.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

ARPC/DPAR recommends approval of the applicant's request to reflect no break in service.  They found no administrative error and conclude the break in service was at no fault of the applicant.  DPAR advise that implementation of the Secretary of the Air Force General Counsel (SAF/GCM) advisory, grants the AFBCMR authority to adjust the DOS. 

DPAR indicates that 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.  The office of the Secretary of Defense (OSD) General Counsel determined the appointment date is the date SECDEF approves the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the OSD 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 19 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.  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 their 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 that he was not released from active duty on 5 Sep 14, but on that date, he was continued on active duty through 22 Sep 14.

The following members of the Board considered AFBCMR Docket Number BC-2015-03405 in Executive Session on 01 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 pertaining to AFBCMR Docket Number BC-2015-03405 was considered:

	Exhibit A.  DD Form 149, dated 2 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAR, dated 27 Jan 16.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Feb 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.