RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05154
		
   						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

The date he was transferred to the Air Force Reserve be changed to 30 Jun 15, to eliminate his break in service.

APPLICANT CONTENDS THAT:

He separated from the Air Force under the Palace Front program, and his paperwork for entering the Air Force Reserve was submitted 120 days before his separation in order to prevent a break in service.  However, due to no fault of his own, a delay in processing of the Nominee Package, dated 9 Mar 15, at the level of the SECDEF, he incurred a break in service between his DOS and appointment date into the Air Force Reserve.

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

STATEMENT OF FACTS:

The applicant served in the Regular Air Force in the grade of captain.  

According to the documentation submitted by the applicant, he signed the AF IMT 1288, Application for Ready Reserve Assignment, on 17 Mar 15. 

On 30 Jun 15, the applicant was furnished an honorable discharge in order to transfer to the Air Force Reserve, and was credited with 6 years and 29 days of active service.

Under Appointment Order PC-01940, dated 29 Sep 15, the applicant was appointed to the Air Force Reserve, effective 19 Aug 15.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPRS), 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.  In accordance with a Deputy Secretary of Defense Memo, dated 2 May 05, all military officer appointments under Section 12203 of Title 10, United States Code, not previously approved by 30 Jun 05, shall be submitted to the Secretary of Defense for approval.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR 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 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.  

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 3 May 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 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.  Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  We note the applicant requests the date he was transferred to the Air Force Reserve be changed to 30 Jun 15.  However, as noted by the OPR, current policies do not allow for backdating oaths.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

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 30 June 2015, but continued to serve on active duty through 18 August 2015, when he was released from active duty and transferred to the Reserve of the Air Force, effective 19 August 2015.

The following members of the Board considered AFBCMR Docket Number BC-2015-05154 in Executive Session on 21 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 149, dated 5 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 2 Mar 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 3 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 matter.