RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03945
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her break in service following her separation from active duty and appointment in the Air Force Reserve be eliminated.

Her Date of Rank (DOR) for the grade of captain (O-3) be changed from 12 October 2012 to 4 August 2012.  

APPLICANT CONTENDS THAT:

Her promotion order, Special Order Number 003865 dated 4 August 2012, and DD Form 214, Certificate of Release or Discharge from Active Duty, reflect her DOR as 4 August 2012.

By no fault of her own and due to the backlog of the scrolling process to the Secretary of Defense (SecDef), her DOR was changed to 12 October 2012 and she incurred a break in service.  She requests her DOR be corrected for future promotions and time in service remain unaffected.  

Her name was also changed since the time of her separation from active duty.  

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

STATEMENT OF FACTS:

The applicant is currently in the Air Force Reserve in the grade of captain (O-3).

On 10 August 2008, the applicant entered the Regular Air Force and was discharged from active duty on 9 August 2013, with a narrative reason for separation of “Completion of Required Active Service.” She was credited with 5 years of active duty service.  

According to ARPC IMT 92, Appointment Order, Reserve Order PC-00967, dated 5 June 2014, the applicant was appointed as a Reserve of the Air Force officer on 18 October 2013.  The applicant’s Total Federal Commission Service Date (TFCSD), Date of Rank (DOR), Total Years’ Service Date (TYSD) and pay date were adjusted to reflect the break in service.

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.  ARPC has found no administrative error and concludes the break in service was no fault of the applicant and was due to a delay in processing of the nominee package at the SecDef level.  

Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel Military Law (SAF/GCM) and the Board determined that the Board has the authority to adjust the Date of Separation (DOS) for these officers to prevent a break in service.  Office of the Secretary of Defense General Counsel (OSD/GC) determined the appointment date is the date the Secretary of Defense approved the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the OSD directive. 

If the AFBCMR agrees with the ARPC recommendations, the applicant’s DOS should be corrected to reflect 17 October 2013 and her service dates corrected as indicated, to include DOR to the grade of captain as 4 August 2012.    

A complete copy of the DPAR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on   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 and her records should be corrected to remove her break in service in the manner recommended by ARPC.  With respect to the applicant’s date of rank, we note that once her break in service is removed, her date of rank and other service dates will be automatically adjusted by ARPC as is customary in these cases.  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 she was not released from active duty effective on 9 August 2013 but on that date, continued to serve on active duty through 17 October 2013, when she was released from active duty.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03945 in Executive Session on 8 September 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 Forms 149, dated 8 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 2 May 2016.
	Exhibit D.  Letter, AFBCMR, dated 7 June 2016.

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.