RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-03448	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
The break in service between his Active Duty separation and entry into the Air Force Reserve (AFR) be eliminated.

APPLICANT CONTENDS THAT:
He started working with a recruiter in an effort to transition from Active Duty to the Reserve in December 2014 knowing he was separating on 30 April 2015. He completed all paperwork months ahead of separating; however, he was not scrolled until 18 May 2015, which was no fault of his own.

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 May 2003.

On 30 April 2015, the applicant was released from active duty, furnished an honorable discharge, and was credited with 11 years,
11 months, and 15 days of active service.
On 18 May 2015, the applicant was appointed in the AFR in the grade of Captain, as processed and approved by OSD Nominee Package 493.

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 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 promotion consideration by the Calendar Year 2019 Line and Nonline Lieutenant Colonel Promotion Board, tentatively scheduled for June 2019.

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 16 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 warranting relief. Having carefully reviewed this application, we agree with the recommendation of the Air Reserve Personnel Center and adopt their rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, 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 he did not tender his resignation and was not discharged from all Regular Air Force appointments 30 April 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-2015-03448 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 7 Aug 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, ARPC/DPAR, dated 11 Dec 15. Exhibit D.	Letter, SAF/MRBR, dated 16 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.

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