RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04891
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1. The break in service between his active duty separation and entry into the Air Force Reserve (AFR) be eliminated.

2. His date of rank (DOR) to the grade of Major be updated and reflected as 1 August 2011.

APPLICANT CONTENDS THAT:

ARPC advised him that he had a one (1) month break in service due to a scrolling issue when transferring from active duty to the AFR, which was 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 7 July 2001.  

On 30 April 2015, the applicant was released from active duty, received an honorable character of service, was transferred to the Air Force Reserve, and was credited with 13 years, 9 months, and 24 days of active service.

HQ ARPC/DPAR, Appointment Order, Reserve Order PC-00031, dated 6 October 2015, appointed the applicant as a captain in the AFR effective 3 June 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 approval of the applicant's request to reflect no break in service.  Due to a delay in processing of the 3 June 2015 scroll at SECDEF level, the applicant incurred a break in service between applicant's date of separation (DOS) and appointment date into the Air Force Reserve.  ARPC found no administrative error and concludes the break in service was no fault of the applicant.  Therefore, they advise implementation of SAF/GCM advisory granting AFBCMR authority to adjust the DOS.    Additionally, the applicant’s Date of Rank will be corrected to reflect 1 August 2011.  
 
By way of background, in accordance with the Deputy Secretary of Defense Memorandum, 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.

Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have 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.

If the Board agrees with the ARPC recommendations, the applicant’s DOS should be corrected to reflect 2 June 2015 and her service dates be corrected as indicated, to include DOR to the grade of captain as 1 August 2011.

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 2 May 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 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 that relief should be granted.  Although we find no evidence of an error on the part of the Air Force, we believe it is in the interest of justice to change the applicant’s date of separation from active duty to eliminate the break in service he experienced through no fault of his own.  With respect to the applicant’s date of rank, we note that once his break in service is removed, his date of rank and other service dates will be automatically adjusted by ARPC as is customary in these cases.  Therefore, we recommend the applicant's records be corrected to the extent 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 the applicant was not released from active duty on 30 April 2015, but on that date, he continued to serve 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-2015-04891 in Executive Session on 26 January 2017 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 10 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 18 Mar 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 2 May 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled.