RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04341
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

He be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect his Date of Separation (DOS) as 8 January 2015, instead of 31 December 2014.  

APPLICANT CONTENDS THAT:

Through no fault of his own he was not scrolled into the Air Force Reserve in a timely manner.  As a result, he incurred an 8 day break in service.  His DOS from active duty should be amended to 8 January 2015 to eliminate the break in service.

In October 2014, he applied for accession into the Air Force Judge Advocate Reserves while he was still on active duty.  His application was approved on 16 December 2014 and he separated from active duty on 31 December 2014.  However, he was not assessed into the Air Force Reserve until 9 January 2015 which resulted in an 8 day break in service.  

He requests his DOS be amended to 8 January 2015 and a new DD Form 214 be issued.  

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

STATEMENT OF FACTS:

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

The applicant entered the Regular Air Force on 3 March 2010 and was discharged on 31 December 2014 with a narrative reason for separation of “Reduction in Force.”  He was credited with 4 years, 9 months and 28 days of active duty service.  

According to AF IMT 973, Request and Authorization for Change of Administrative Orders, Special Order PC-00839, dated 20 March 2015, the applicant’s date of appointment in the Air Force Reserve was amended to 9 January 2015 and the applicant’s service dates were adjusted accordingly.  

In accordance with DODI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), the DD Form 215, Correction to DD Form 214, will be used to correct errors on the DD Form 214 discovered after the original DD Form 214 has been issued and to furnish separating members with information not available when the DD Form 214 was prepared.  

In accordance with AFI 36-3202, Separation Documents, paragraph 2.4, the DD Form 215 corrects errors found after a DD Form 214 is issued or completes a DD Form 214 with up to date information.  

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 of the request to reflect no break in service.  ARPC found no administrative error and concludes the break in service was no fault of the applicant.  

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 recommendation, the applicant’s DOS should be corrected to reflect 8 January 2015 and his service dates corrected as indicated.   
 
A complete copy of the ARPC/DPAR evaluation, with attachment, 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 to warrant removal of the break in service.  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 his records should be corrected to remove his break in service in the manner recommended by ARPC.  The applicant also requests he be issued a new DD Form 214 to reflect the elimination of his break in service.  However, in accordance with DOD and Air Force directives, a DD Form 215 is sufficient to document the correction to his DOS and the issuance of a DD Form 214 is not required.  Therefore, we recommend the applicant's records be corrected to the extent 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 effective 31 December 2014 but on that date, he was continued on active duty through 8 January 2015.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04341 in Executive Session on 1 December 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 pertaining to AFBCMR Docket Number BC-2015-04341 was considered:

	Exhibit A.  DD Form 149, dated 8 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 17 February 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.