RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04010
		
                    	     COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His scroll date/approval to transfer to the Air Force Reserve be backdated from 3 Aug 15 to 1 Aug 15 so there is no break in military service.

APPLICANT CONTENDS THAT:

His scroll application was delayed at the Secretary of Defense level through no fault of his own.  As a result of the delay, he incurred a break in-service between his Date of Separation (DOS) from the Regular Air Force and date gained in the Air Force Reserve.  

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

STATEMENT OF FACTS:

On 23 Aug 04, the applicant initially enlisted in the Regular Air Force.  He was subsequently commissioned on 10 Nov 04.  

On 10 Apr 15, the applicant signed a Ready Reserve Agreement.

On 31 Jul 15, the applicant was furnished an honorable discharge, and was credited with 10 years, 11 months, and 9 days of active service.

On 3 Aug 15, the applicant was appointed to the Air Force Reserve in the grade of Captain per ARPC/DPAR Order PC-00635 dated 17 May 16.

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 granting the applicant’s request to eliminate the break-in-service he incurred. Although there were no administrative errors found, the delay experienced in approving the applicant’s request for transfer to the Air Force Reserve resulted in creating a break-in-service between his active duty DOS and appointment in the Air Force Reserve.  His nominee package for appointment was dated 23 Mar 15, his DOS was 31 Jul 15, but OSD approval was not until 3 Aug 15.  

Current policies do not permit backdating the applicant’s date of oath to correct a break-in-service. The OSD General Counsel determined the appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later.  However, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust an officer’s DOS to prevent a break in service.  Therefore, we recommend changing the applicant’s DOS to 2 Aug 15 to align with the start of his appointment into the Air Force Reserve.  

A complete copy of the ARPC/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 9 Jun 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 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 that relief should be granted.  Although we find no evidence of an error on the part of the Air Force, we believe it is in the interest of justice to change the applicant’s date of separation from active duty to eliminate the gap in service he experienced through no fault of his own.  Therefore, the applicant’s records should be corrected to the extent indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show the applicant was not released from active duty on 31 July 2015, but on that date, he continued to serve on active duty until 2 August 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-2015-04010 in Executive Session on 1 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 pertaining to AFBCMR Docket Number BC-2015-04010 was considered:

	Exhibit A.  DD Form 149, dated 3 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 24 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 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.