RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03919
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The break in service between his separation from active duty and the start of his service in the Air Force Reserve be eliminated. 

APPLICANT CONTENDS THAT:

Due to no fault of his own, the scroll authorizing his entry into the Air Force Reserve was delayed, causing an unjustified break in service.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 5 Aug 07.  

On 1 Aug 14, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Force Shaping—VSP,” and was credited with 6 years, 11 months, and 27 days of active service.

Under Reserve Order PC-00337, dated 26 Nov 14, the applicant was appointed to the Reserve of the Air Force, effective 23 Sep 14. 

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  Due to a delay in processing of his nominee package, dated 16 Jun 14, at the Secretary of Defense (SECDEF) level, the applicant involuntarily incurred a break in service between his DOS of 1 Aug 14 and his appointment date into the Air Force Reserve of 23 Sep 14.  The applicant is required by a written agreement with the Secretary concerned, to serve in the Ready Reserve of a Reserve component for a period of no less than three years following the person’s discharge or release from active duty.  Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel (SAF/GCM) and the AFBCMR determined the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  The SECDEF General Counsel (OSD/GC) determined the appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the SECDEF directive on 23 Sep 14.  ARPC found no administrative error.   The break in service was no fault of the applicant.  Therefore, recommend adjusting the applicant’s DOS.

A complete copy of the 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 31 May 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 ARPC/DPAR 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 he was not released from active duty on 1 August 2014, but continued to serve on active duty through 22 September 2014, when he was released from active duty and transferred to the Reserve of the Air Force, effective 23 September 2014.

The following members of the Board considered AFBCMR Docket Number BC-2015-03919 in Executive Session on 15 Dec 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 18 Jun 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 9 May 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 31 May 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.