RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-00507

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1. Her records be corrected to eliminate the break in service incurred due to delays in the scrolling process.
2.  Her Retention/Retirement (R/R) date be adjusted to 1 Jun 15 in accordance with her first Unit Training Assembly.
3.  A gap report (AF Form 77) be accomplished to address the period 1 Mar 15 – 4 Jun 15 during which she was unable to participate and had no supervision (administratively corrected).

APPLICANT CONTENDS THAT:

Due to delays in the scrolling process, her reserve appointment was not approved until after her active duty separation date, causing a break in service.  She was not able to perform with her gaining unit until Jun 15 due to the lack of appointment orders.  The break in service also affected her record of performance since she was delayed in performing with her gaining unit.

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

STATEMENT OF FACTS:

On 27 May 09, the applicant initially entered the Regular Air Force.

On 28 Feb 15, the applicant was furnished an Honorable discharge, and was credited with 5 years, 9 months, and 4 days of active service.

Under Reserve Order PC-01034, dated 14 May 15, the applicant was appointed into the Selected Reserve, effective 23 Mar 15.

A certified true copy of the AF Form 77, Letter of Evaluation, for the period 1 Mar 15 – 4 Jun 15, dated 3 Nov 16, is filed in the applicant’s Master Personnel Record (MPR).

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 a partial grant, indicating the break in service was no fault of the applicant.

Due to a delay in processing Nominee Package 469 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.

ARPC/DPAR recommends an AF Form 77 be generated in accordance with Air Force Instruction (AFI) 36-2406, Officer and Enlisted Evaluation Systems, but recommends disapproval of the request for R/R adjustment, as this date will be corrected in accordance with Department of Defense Instruction (DoDI) 1215.07, Service Credit for Non-Regular Retirement, when the break in service is removed.
  
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 6 Mar 17 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 the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that partial relief should be granted.  While we note the applicant requests her R/R date be adjusted to reflect 1 June 2015, we concur with DPAR’s recommendation to correct the R/R date in accordance with current guidance vice the date provided by the applicant. Additionally, we note the LOE has been administratively corrected and has since been filed in the applicant’s MPR.  Therefore, we recommend the applicant’s records be corrected to the extent 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 she was not released from active duty on 28 February 2015, but on that date, she continued to serve on active duty until 22 March 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-2016-00507 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-2016-00507 was considered:

	Exhibit A.  DD Form 149, dated 1 Feb 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 2 May 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Mar 17, 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-2016-00507, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.