RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04118
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His service record and career brief be corrected to show no break in service from active duty to the Air Force Reserve.

APPLICANT CONTENDS THAT:

His current break-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 13 June 2001.

Special Order JB-003069, dated 1 July 2011, reflects the applicant was promoted effective 1 July 2011 to the permanent grade of major.

On 30 April 2015, the applicant received an honorable character of service designation and was transferred to the Air Force Reserve in the grade of major under the provisions of AFI 36-3207, Separating Commissioned Officers.  He served 13 years, 10 months and 18 days on active duty.  

HQ ARPC/DPAR, Reserve Order PC-01249, Appointment Order, dated 16 June 2015, appointed the applicant as a major in the Air Force Reserve effective 18 May 2015, as approved by Secretary of Defense, Nominee Package 493, on 18 May 2015.

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 ARPC has 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 493 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:  30 April 2015
          Nominee Package:  493
          Appointment approved by OSD:  18 May 2015
 
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-01249, dated 16 June 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.

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 9 June 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 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 30 April 2015, but on that date, he continued to serve on active duty until 17 May 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-2015-04118 in Executive Session on 6 December 2016 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 23 May 2016
	Exhibit D.  Letter, AFBCMR, dated 9 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 pertaining to AFBCMR Docket Number BC-2015-04118.