RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04017
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His date of rank be adjusted to 1 August 2010 and his record show no break in service.

APPLICANT CONTENDS THAT:

His current gap in service is through no fault of his own but rather a delay in getting his scroll approved at the Secretary of Defense’s office.

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

STATEMENT OF FACTS:

The applicant entered active duty on 25 October 2003.

Special Order JB-003576 – dated 1 August 2010 reflects the applicant was promoted effective 1 August 2010 to the permanent grade of major.

The applicant received an honorable character of service on 8 October 2014 and transferred to the Air Force Reserve in the grade of major under the provisions of AFI 36-3207 (Force Shaping - VSP).  He served 10 years, 11 months and 14 days on active duty.  The date of his appointment was approved by the Secretary of Defense (SecDef) on 31 December 2014.

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, indicating they found no administrative error and concludes the break in service was no fault of the applicant.  ARPC therefore advises implementation of the SAF/GCM advisory granting AFBCMR authority to adjust the DOS.

Due to a delay in processing of Nominee Package 418 at SECDEF level, the applicant incurred a break in service between the applicant’s DOS and appointment date into the Air Force Reserve.

The following is the timeline for the applicant’s appointment:
      DOS:  8 October 2014
      Nominee Package:  418
      Appointment approved by OSD:  31 December 2014
 
In accordance with Deputy Secretary of Defense Memo, 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.

An appointment order was issued, PC-00762, dated 9 March 2015, in accordance with AFI 36-2005, Appointment In Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, dated 19 May 2003.

The applicant was voluntary released from active duty and accepted separation pay under Section 1174 of Title 10, United States Code.  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, SAF/GCM and the AFBCMR has 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 is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 April 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 on 8 October 2014, but was continued on active duty through 30 December 2014.

The following members of the Board considered AFBCMR Docket Number BC-2015-04017 in Executive Session on 6 December 2016 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended pertaining to AFBCMR Docket Number BC-2015-04017.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 24 March 2016,
  w/atch.
	Exhibit D.  Letter, AFBCMR, dated 6 April 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.