RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2015-05237

XXXXXXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His break in service from 30 Sep 14 through 14 Oct 14 be removed from his military personnel records.

APPLICANT CONTENDS THAT:

Through no fault of his own, the delay of getting his scroll approved by the Secretary of Defense (SECDEF) created a break in his service.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was commissioned in the Air Force Reserve (AFRES) on 2 Jun 04, as a second lieutenant.  According to his DD Form 214, Certificate of Release or Discharge from Active Duty, on 29 Sep 14, the applicant received an honorable discharge with a narrative reason for separation of “Force Shaping.”

According to the applicant’s AF IMT 100, Request and Authorization for Separation, he was credited with 11 years, 3 months and 6 days of active service.

According to the applicant’s ARPC IMT 92, Appointment Order, on 15 Oct 14, he was appointed by the SECDEF to the AFRES.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and F.

AIR FORCE EVALUATION:

ARPC/DPAR recommends granting the application.  In accordance with (IAW) Deputy SECDEF memo, dated 2 May 05, military officer appointments under Title 10, Section 12203, United States Code not previously approved by 30 Jun 05, shall be submitted to the SECDEF.  The applicant’s appointment order, PC-00665, dated 17 Feb 15, was issued IAW AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, dated 19 May 03.  

On 29 Sep 14, the applicant was discharged from the Air Force and on 1 Jan 15, his appointment was approved by the Office of the Secretary of Defense (OSD) and he accepted a commission in the AFRES.

Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the Board 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 OSD approved the appointment or the date the oath was administered, whichever is later.

ARPC found no administrative error and concludes the break in service was at no fault of the applicant.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 May 16 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

After reviewing the ARPC/DPAR advisory opinion, dated 22 Mar 16, the Board staff determined the advisory contained conflicting information.  Specifically, the applicant’s Appointment Order, PC-00665, dated 17 Feb 15 reflects his break in service was from 29 Sep 14 thru 14 Oct 14; however, the advisory reflects 29 Sep 14 thru 31 Dec 14.  

In a memorandum dated 20 Apr 18, ARPC/DPAR revised their advisory opinion and the following was provided:

ARPC/DPAR stated the applicant’s appointment date of 15 Oct 14 was in error.  On 29 Sep 14, he was discharged from the Air Force and on 9 Jan 15, his appointment was approved by the Office of the Secretary of Defense (OSD) and he accepted a commission in the AFRES.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF ADDITONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Jul 18 and 19 Jul 18 for comment (Exhibit G), and the applicant replied on 20 Jul 18.  In his response, the applicant acknowledged receipt and states he has no further comment.  The applicant’s complete response is at Exhibit H.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  We note the conflicting advisory opinions prepared in this case; however, after thoroughly reviewing this application, the Board concurs with the rationale and recommendation of ARPC/DPAR dated 20 Apr 18 and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 was not discharged from the Air Force on 29 September 2014, but on that date, he was continued on active duty until 8 January 2015, on which date he was discharged from active duty.  

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2015-05237 in Executive Session on 16 Aug 18:

 , Panel Chair 
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Dec 15.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atch, dated 22 Mar 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 May 16.
Exhibit E:	Email, SAF/MRBC, dated 12 Jun 17.
Exhibit F:	Advisory Opinion, ARPC/DPAR w/atch, dated 20 Apr 18.
Exhibit G:  Notification of Advisory, SAF/MRBC to applicant, dated 13 Jul 18.
Exhibit H:  Email, Applicant, dated 20 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.