RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00629

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His break in service following separation from active duty and appointment in the Air National Guard (ANG) be eliminated.

His Individual Ready Reserve (IRR) status effective date be 1 Sep 14, instead of 23 Sept 15.

APPLICANT CONTENDS THAT:

He understood placement in the IRR to be a condition of separation from active duty.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is in the Regular Army, having enlisted on 26 Sep 16.

He served a period of active duty in the Regular Air Force from 25 May 11 to 1 Sep 14 and was discharged in the grade of first lieutenant with a Reserve Obligation Termination Date of 24 May 19.  

Per his NGB Form 337, Oaths of Office, he was appointed in the Air National Guard (ANG) as a first lieutenant on 23 Sep 15 and incurred a break in service.

The applicant’s NGB Form 22, Report of Separation and Record of Service, reflects he was discharged from the ANG in the grade of first lieutenant on 25 Sep 16.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibit C, E and F.

AIR FORCE EVALUATION:

ARPC/DPAR recommends approval of the request to reflect no break in service.  ARPC finds no administrative error and concludes the break in service was due to no fault of the applicant.  Therefore, the break in service should be eliminated in accordance with the SAF/GCM policy granting the Board the authority to adjust his DOS from active duty to 22 Sep 15.   

ARPC did not place the applicant on a scroll to be appointed to the IRR for fulfilment of his military service obligation since the National Guard Bureau (NGB) has the authority to give temporary Federal recognition prior to approval by the Secretary of Defense. 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 25 Apr 17 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends the applicant be credited for his time in the IRR.  ARPC should update his military personnel database to reflect IRR status from 2 Sep 14 to 22 Sep 15, so he can receive credit for service and promotion consideration.  The complete advisory is at Exhibit E. 

AFPC/DPSOO states if the time cannot be covered by IRR and the DOS is changed to show there is no gap in service, AFPC will be required to complete a captain appointment package and fully qualified supplemental captain promotion package.  The applicant was also never appointed as a captain in the ANG.  

ARPC/DPAR states the only way to backdate the IRR appointment is by getting a ratification scroll approved.  Should the Board determine the ratification scroll is the best way to proceed, ARPC/DPAR can do so. 

SAF/MRBL states backdating the Reserve Oath after the ratification scroll is accomplished is legally sufficient.  The AFPC/DPSOO, ARPC/DPAR and SAF/MRBL e-mails are at Exhibit F.  
 
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
 
The Board sent copies of the Air Force evaluations to the applicant on 10 Oct 18 for comment (Exhibit G), but has received no response.

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.  ARPC/DPAR recommends the applicant’s break in service be eliminated in accordance with the SAF/GCM policy to extend the date of separation from active duty.  While this is the customary correction for officers who incur a break in service following separation from active duty and appointment in the Reserve due to scrolling delays, this applicant was never scrolled.  Further, extending the applicant’s DOS from active duty would require promotion consideration for the grade of captain; however, he did not serve on active duty in the grade of captain and was also not appointed in the ANG as a captain.  AFPC/DP2STM recommends backdating his IRR date in the personnel data system; however, his IRR status effective date cannot be changed without a ratification scroll since the authority to appoint an officer resides with the Secretary of Defense.  In this respect, this Board, which serves on behalf of the Secretary of the Air Force, is without authority to correct an appointment date, even if it was in error.  The Board also notes the applicant is no longer serving in the ANG; however, it is in the interest of justice to correct his IRR appointment date to ensure he is provided any pay and benefits he may be entitled to.  In view of the above, SAF/MRBL indicates it is legally sufficient to backdate his IRR date.  Therefore, it is our recommendation that ARPC/DPAR process a ratification scroll to show his appointment in the ANG was effective 2 Sep 14, eliminating the break in service following his separation from active duty on 1 Sep 14.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that a ratification scroll be submitted for approval by the Secretary of Defense to show his effective date for appointment in the Individual Ready Reserve (IRR) is 2 Sep 14, instead of 23 Sep 15.  

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-2016-00629 in Executive Session on 13 Nov 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2016-00629:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Feb 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atch, dated 19 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 25 Apr 17.
Exhibit E: Advisory opinion, AFPC/DP2STM, 6 Jun 17.
Exhibit F:  Emails, ARPC/DPAR, AFPC/DPSOO and SAF/MRBL, dated 25 Sep 18. 
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 10 Oct 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.