RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05219

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His date of separation (DOS) be changed to either 28 February 2015 or 1 March 2015, rather than 1 May 2015, to eliminate a break in service.

APPLICANT CONTENDS THAT:

Through no fault of his own, he was not scrolled for appointment as an Air Force Reserve officer in time to prevent a break in service when he transferred from the Regular Air Force to the Reserve.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he entered the Regular Air Force on 7 June 2006.  

On 4 February 2014, the applicant submitted an AF IMT 1288, Application for Ready Reserve Assignment.  On 16 December 2014, the applicant’s request for a Ready Reserve assignment was approved.

On 24 November 2014, the applicant signed a Ready Reserve Agreement.

On 28 February 2015, the applicant was separated from the Regular Air Force and transferred to the Air Force Reserve

According to Reserve Order PC-01427, dated 13 July 2015, the applicant was appointed as a Ready Reserve Category A officer in the Air Force Reserve on 1 May 2015, and is currently serving in the grade of captain (O-3) in the USAFR.

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.  DPAR states they found no administrative error and conclude the break in service was no fault of the applicant.  DPAR further states that in accordance with (IAW) the Deputy SecDef Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code (USC), Section 12203, not approved by 30 June 2005, will be submitted to the SecDef for approval.  

Due to a delay in processing of Nominee Package 491 at SecDef level, the applicant incurred a break in service between applicant’s DOS and appointment date into the Air Force Reserve.

The following is the timeline for the applicant’s appointment:

	DOS:  28 February 2015
	Nominee Package:  491
	Appointment approved by OSD:  1 May 2015

The applicant was voluntary released from active duty and accepted separation pay under Section 1174 of Title 10, United States Code.  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, SAF/GCM and the AFBCMR have determined that the AFBCMR has the authority to adjust the date of separation for those officers to prevent a break in service.  SecDef General Council determined the appointment date is the date SecDef approved the appointment or the date the oath are administered, whichever, is later

The applicant’s break in service was due to no fault of his own.  Therefore, the appropriate action to eliminate the applicant’s break in serve would be to adjust the applicant’s DOS.

A complete copy of the ARPC/DPAR evaluation 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 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 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 injustice.  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 on 28 February 2015, he was not released from active duty, but on that date, continued to serve on active duty until 30 April 2015, when he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2015-05219 in Executive Session on 17 November 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05219 was considered:

	Exhibit A.  DD Form 149, dated 17 Dec 15, w/atchs.
	Exhibit B.  Applicant’s Military Personnel Records.
Exhibit C.  Memorandum, ARPC/DPAR, dated 17 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.