RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00603 COUNSEL:
HEARING DESIRED:

APPLICANT REQUESTS THAT:
His break in service between his Date of Separation (DOS) and appointment into the Air Force Reserve (AFR) be eliminated.

APPLICANT CONTENDS THAT:
In Mar 14, he was selected for promotion to the grade of major. Subsequently, he applied for separation (Dec 14) and was informed by the Air Force Reserve Command (AFRC) that as a reservist, he would still be able to be promoted in accordance with (IAW) AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force. On 11 Jan 15, he applied to enter the AFR and on 20 Jan 15 his separation was approved. On
2 Feb 25, his name was scrolled to the Secretary of Defense (SECDEF) for appointment as an AFR.

On 30 Apr 15, he separated from active duty but was not appointed into the AFR until 21 May 15, one day after his appointment was approved by the SECDEF. Through no fault of his own, the break in service made him ineligible to have his promotion transferred IAW AFI 36-2504 and made him ineligible to meet the AFR (2016) promotion board.

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

STATEMENT OF FACTS:
The applicant was commissioned in the Regular Air Force on 27 May 08.

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his resignation from active duty on 30 Apr 15, reflects he was released from active duty and transferred to the AFR, with a Reserve Obligation Termination Date of 23 Apr 16, in the grade of captain.

He was credited with 6 years, 11 months, and 4 days of active duty service.

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 approval of the applicant's request to eliminate the break in service.  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-01211, dated 12 Jun 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 30 Apr 15, the applicant was discharged from the Air Force, and, on 21 May 15, his appointment was approved by the Office of the Secretary of Defense (OSD) and he accepted a commission in the Reserve of the Air Force.

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 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. Presuming the applicant provides proof of promotion and that the board was publicly released before he separated from active duty, he will be able to receive the promotion from the active duty board. However, if the criteria is not met, the applicant will be eligible for Special Selection Board (SSB) consideration in lieu of the Calendar Year
16 (CY16) AFR Participating Reserve Line and Nonline Major promotion selection board.

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 14 Oct 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. 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 error or 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 he was not released from the Air Force on 30 April 2015, but on that date, he was continued on active duty until 20 May 2015, on which date he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2016-00603 in Executive Session on 11 May 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-2016-00603 was considered:

Exhibit A.	DD Form 149, dated 2016-02-08, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Memorandum, ARPC/DPAR, dated 2 May 16, w/atchs. Exhibit D.	Letter, AFBCMR, dated 14 Oct 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.