RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03656
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service following his separation from active duty and commissioning into the United States Air Force Reserve (USAFR) be removed.  

APPLICANT CONTENDS THAT:

He submitted a timely request for assignment to the USAFR.  However, due to the delay in the scroll processing, his appointment was not approved until after his separation, causing a break in service.  

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

STATEMENT OF FACTS:

The applicant separated from the Regular Air Force on 30 April 2015.  He transferred to the Air Force Reserve effective 21 May 2015; the date his appointment was approved by the Secretary of Defense (SecDef).

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.  Due to a delay in processing of the nominee package at the SecDef level, the applicant incurred a break in service between his separation from active duty and his appointment into the Reserve.

In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef.
An appointment order was issued on 10 August 2015 in accordance with Air Force Instruction (AFI) 36-2005, Appointment In Commissioned and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force dated, 19 May 2003.

Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the date of separation for these officers to prevent a break in service.  The General Counsel determined the appointment date is the date the SecDef approved 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.

There was no administrative error and the break in service was not caused by the applicant.  His records should be corrected to reflect a date of separation of 20 May 2015.  

The complete ARPC/DPAR evaluation, with attachment, 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 that he was not released from active duty effective 30 April 2015, but on that date, he was continued on active duty through 20 May 2015.
The following members of the Board considered AFBCMR Docket Number BC-2015-01161 in Executive Session on 2 June 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 20 August 2015, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 29 December 2015, 
                 w/atch.
	Exhibit D.  Letter, AFBCMR, dated 8 March 2016.