RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04186
  		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS:

His break in service between his 22 Aug 14 date of separation (DOS) from active duty and the 23 Sep 14 date he entered the Reserve be eliminated. 

APPLICANT CONTENDS:

He applied for the United States Academy Liaison Officer (ALO) Program on 5 May 14, and was ready to enter the Reserves immediately.  However, due to a delay in the Reserve officer scroll approval process at the Office of the Secretary of Defense (SECDEF), he experienced a break in service due to no fault of his own. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 29 May 02.  

On 22 Aug 14, the applicant was furnished an honorable discharge, and was credited with 12 years, 2 months, and 24 days of active service.

Effective 23 Sep 14, under Reserve Order PC-00439, dated 31 Dec 14, the applicant was appointed into the Selected Reserve.  

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 there is evidence of an error or injustice.  Due to a delay in processing Nominee Package, dated 5 May 14, at the SECDEF level, the applicant incurred a break in service between his date of separation from active duty and appointment into the Air Force Reserve.  In accordance with Deputy SECDEF Memo, dated 2 May 05, all military officer appointments under Title 10, United States Code (USC), § 12203 not previously approved by 30 Jun 05, shall be submitted to the SECDEF.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR has determined 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 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.  ARPC has found no administrative error and concludes the break in service was no fault of the applicant.  

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 8 Apr 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:

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:

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 22 August 2014, but on that date, he continued to serve on active duty until 22 September 2014, at which time he was released from active duty and transferred to the Air Force Reserve, effective 23 September 2014.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04186 in Executive Session on 18 Aug 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 25 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 3 Feb 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.