RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05215
		
  						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

The break in service between his active duty separation and entry into the Air Force Reserve (AFR) be eliminated and his time in grade (TIG) and other dates that may have been affected be adjusted.

APPLICANT CONTENDS THAT:

His recruiter submitted the scroll for approval in September 2014; however, due to the Secretary of Defense’s (SECDEF) scrolling issue when transferring from active duty to the AFR he incurred a break in service, 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 active duty in the Regular Air Force on 22 June 2005.  

On 23 February 2015, the applicant resigned from active duty, received an honorable character of service, was transferred to the AFR, and was credited with 9 years, 8 months, and 2 days of active service.

HQ ARPC/DPAR, Appointment Order, PC-00747, dated 5 March 2015, appointed the applicant as a captain in the AFR effective 3 March 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 March 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 record will reflect a correction to his Date of Rank.  
 
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 March 2015 and his service dates corrected as indicated, to include his DOR to the grade of captain as 1 June 09.

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 14 July 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 and other service dates, 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.

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 the applicant was not released from active duty on 23 February 2015, but on that date, he continued to serve on active duty until 2 March 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-2015-05215 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 23 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 2 Jun 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Jul 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 pertaining to AFBCMR Docket Number BC-2015-05215.