RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04346

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

His Date of Rank (DOR) for the grade of lieutenant colonel (O-5) be corrected back to 1 July 2010.

His Effective Duty Date (EDD), Date Initial Entry Reserve Forces (DIERF) and Retention/Retirement (RR) dates be corrected to 1 January 2015.  

APPLICANT CONTENDS THAT:

He submitted his request for a waiver to join the Air Force Reserve as a retired officer on 12 August 2014 with an approved retirement date of 1 January 2014 [sic].  

Due to circumstances beyond his control, the order was not approved until 24 June 2015, almost a year later, forcing a break in service.  He requests the break in service be removed from his record.  

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 lieutenant colonel (O-5).  

On 1 January 2015, the applicant retired from active duty in the grade of lieutenant colonel.  

According to AF IMT 133, Oath of Office (Military Personnel), the applicant was commissioned in the Air Force Reserve in the grade of lieutenant colonel on 24 June 2015.  

Reserve Order PA-00632, Appointment Order, dated 17 July 2015 reflects Secretary of Defense approved on 31 December 2014 and date of appointment and assignment as 24 June 2015.   

The Retired Active Duty Air Force Reserve Accession Program enacted by the Fiscal Year 2001 National Defense Authorization Act (NDAA) authorized retirement from active reserve service performed after regular retirement.  The accession program approved by the Secretary of the Air Force established the AF/RE, Chief of the Air Force Reserve, as the waiver authority.  Members must meet stringent eligibility criteria.  Waivers/exceptions to policy must be considered in the best interest of the Air Force and fully support the Air Force Specialty Code (AFSC), specific manning numbers and projected vacancies.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B.    

AIR FORCE EVALUATION:

ARPC/DPAR recommends denial.  Approval will set precedence that circumvents waiver authority established for the Retired Active Duty Air Force Accession Program.  By eliminating the break in his active status, he will be eligible for Special Selection Board (SSB) consideration for the first board for which he was eligible once he was assigned to the Reserve Active Status List (RASL).  In this case, this would be the CY15 USAFR Participating Reserve Colonel Line Promotion Selection Board, originally held on 5 October 2015.  

The applicant contends he received a break in service while waiting for AF/RE’s approval of his waiver to be appointed into the Selective Reserve under the Retired Active Duty Air Force Accession Program. He was approved by AF/RE on 10 June 2015 and took his oath on 24 June 2015.  Prior to the approval, the applicant retired on 1 January 2015 and was in an inactive retired status.  His selected Reserve assignment to the Retired Active Duty Air Force Accession Program is 24 June 2015, which was when his RASL began.  Officers who accept an assignment following a break in active status will have their DOR adjusted to reflect only the time in grade spent in an active status in accordance with AFI 36-2504, Officer Promotion, Continuations and Selective Early Removal in the Reserve of the Air Force, Table 5.2, Rule 12.  Additionally, officers must wait one year before becoming eligible for a RASL board.  Accordingly, the applicant’s DOR was adjusted from 1 July 2010 to 24 December 2010.  He will have one year in an active status as required by 10 USC 14301 on 24 June 2016 and will meet the CY16 USAFR Participating Reserve (PR) Colonel Line Promotion Selection Board on 3 October 2016.  

Additionally, in accordance with the Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under 10 U.S.C. § 12203, not previously approved by 30 June 2005, shall be submitted to the Secretary of Defense.  A retired Regular Air Force officer holding a regular commission who is seeking to enter the Air Force Reserve is required to request an appointment into the Air Force Reserve for AF/RE approval.  Also, Regular Air Force officers are scrolled and required Office of the Secretary of Defense (OSD) approval.  

A complete copy of the ARPC/DPAR evaluation, with attachments, is at Exhibit B.

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 C).  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant granting the requested relief.  While we do not dispute the applicant submitted his waiver to join the Air Force Reserve on 12 August 2014 in advance of his 1 January 2015 retirement; we do not find any evidence to substantiate the delays in obtaining AF/RE approval resulted in the applicant being the victim of an error or injustice.  Based on the preponderance of the evidence, it appears the delay in obtaining AF/RE approval was a result of the processing standards and stringent criteria in-place for the Retired Active Duty Air Force Reserve Accession Program.  Furthermore, while we note this Board has approved the elimination of breaks in service by amending the Date of Separation (DOS) for officers who commission into the Air Force Reserve following their separation from active duty as a result of scrolling delays at the Office of the Secretary of Defense, in our opinion this case is not similar.  The applicant in this case was on the inactive retired list prior to his commission into the Air Force Reserve under the Retired Active Duty Air Force Reserve Accession Program which required a waiver and approval by the AF/RE.   In view of the aforementioned, we 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 not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-04346 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining was considered:

	Exhibit A.  DD Form 149, dated 9 October 2015, w/atchs.
	Exhibit B.  Memorandum, ARPC/DPAR, dated 24 February 2016, 
			  w/atchs.
	Exhibit C.  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.