RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-00335

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

1.  Her Date Initial Entry Reserve Forces (DIERF) be amended to 29 Mar 15.

2.  Her Date of Rank (DOR) be amended to 23 Jun 11.

3.  Her records meet a Special Selection Board (SSB) for the Major Position Vacancy Board (U0416A) utilizing the previously submitted Promotion Recommendation Form (PRF).

APPLICANT CONTENDS THAT:

She had a military service obligation after her release from active duty and should have been immediately transferred to the Air Force Reserve, preventing a break in service.  She was not informed of the impact the break in service would have on her career until a review of her record was conducted by the Air Reserve Personnel Center (ARPC) Promotions Office.  If her DIERF was 29 Mar 15, as requested, she would have been eligible to meet the 1 February 2016 Major Position Vacancy Board (U0416A).

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

STATEMENT OF FACTS:

On 28 Jul 07, the applicant initially entered the Regular Air Force.

On 28 Mar 15, the applicant was furnished an Honorable discharge, and was credited with 7 years, 8 months, and 1 day of active service.

Under Reserve Order PC-01365, dated 7 Jul 15, the applicant was appointed into the Selected Reserve, effective 18 May 15.

The applicant is currently serving in the Air Force Reserve.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPAR recommends the break in service be eliminated.  The applicant’s service dates and DOR will be adjusted, making her eligible for promotion consideration by the Calendar Year 2017 Line and Nonline Major Promotion Board, tentatively scheduled for Feb 17.

Due to a delay in processing Nominee Package 493 at Secretary of Defense (SECDEF) level, the applicant incurred a break in service between her date of separation (DOS) from active duty and appointment into the Air Force Reserve.  In accordance with Deputy SECDEF 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 SECDEF.  Current policies do not allow for backdating oaths; however, SAF/GCM and the Air Force Board for Correction of Military Records (AFBCMR) have determined the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  Office of Secretary of Defense (OSD) General Counsel determined the appointment date is the date the SECDEF approved the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the SECDEF directive.  

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 17 Jun 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 to warrant removal of the break in service.  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 that relief should be granted.  While we note the applicant requests her Date Initial Entry Reserve Forces (DIERF) be amended to reflect 29 Mar 15 and her records meet a Special Selection Board (SSB) for the Major Position Vacancy Board (U0416A) utilizing the previously submitted Promotion Recommendation Form (PRF)consideration, we agree with the OPR’s recommended relief and note that once the applicant’s record is corrected to remove the break in service, said correction will form the legitimate basis for amendment of her DOR, DIERF and her eligibility for SSB consideration.  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 she was not released from active duty on 28 March 2015, but on that date, she continued to serve on active duty until 17 May 2015, on which date she tendered her 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-2016-00335 in Executive Session on 6 Jun 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 pertaining to AFBCMR Docket Number BC-2016-00335 was considered:

	Exhibit A.  DD Form 149, dated 21 Jan 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 16 May 16.
	Exhibit D.  Letter, AFBCMR, dated 17 Jun 16, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-00335, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.