RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04363
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service between active duty separation and entry into the Air Force Reserve be eliminated and his records corrected appropriately.  Additionally, in further correspondence, he requests his date of rank (DOR) be adjusted to 25 Jul 10.  

APPLICANT CONTENDS THAT:

He was offered a traditional reserve position on 28 Apr 15 and separated from active duty on 30 Apr 15.  His scroll action was not accomplished in a timely manner and was not approved by the Secretary of Defense (SECDEF) until 3 June 15 causing a break in service and an incorrect Ready Reserve (RR) date.  

The applicant’s complete submissions, with attachments, are at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Sep 06. 

On 30 Apr 15, the applicant was furnished an honorable discharge, and was credited with eight years, seven months, and one day of active service.

On 3 Jun 15, the applicant’s appointment in the Air Force Reserve was approved by the Office of the Secretary of Defense.

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 of his nominee package, dated 12 March 2015, at the Secretary of Defense (SECDEF) level, the applicant involuntarily incurred a break in service between his DOS of 30 April 2015 and his appointment date into the Air Force Reserve of 3 June 2015.  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, the Secretary of the Air Force General Counsel (SAF/GCM) and the AFBCMR determined the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  The SECDEF General Counsel (OSD/GC) 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 on 3 June 2015.  ARPC found no administrative error.   The break in service was no fault of the applicant.  Therefore, recommend adjusting the applicant’s DOS. 
 
A complete copy of the ARPC/DPAR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant, although grateful of the OPR’s objective of eliminating the break in service, raises concerns that the moving his DOS forward will negatively affect other records such as his DD Form 214 and his last officer performance report.  Furthermore, he requests clarification as to what other documents will need to be corrected as a result of suggested correction.  

A complete copy of the applicant’s rebuttal is at Exhibit E.

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.  The Board notes that adjusting the applicant’s separation date as indicated below, the OPR will adjust the applicant’s date of rank accordingly.  Furthermore, the Board reviewed the applicant’s administrative concerns in his rebuttal and determined the OPR is best suited to address those concerns once his break in service is corrected.  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 did not tender his resignation and was not discharged from all Regular Air Force appointments on 30 April 2015, but on that date, was continued on active duty until 2 June 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-2015-04363 in Executive Session on 9 Feb 17 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 149s, dated 5 Oct 15 and 13 Oct 15,
  w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAR, dated 27 Apr 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 9 May 16.
	Exhibit E.  Applicant’s Rebuttal, dated 19 May 16, w/atchs.

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.