RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00737 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His date of entry into the Air Force Reserve be changed to 1 Dec 15 to eliminate the 39-day break in service between date of separation (DOS) from the Regular Air Force and entry into the Air Force Reserve, and allow him to access his promotion to Major. 

APPLICANT CONTENDS THAT:

Through no fault of his own, due to a delay in processing the Scroll at the Office of the Secretary of Defense (SECDEF) he unjustly incurred a break-in-service between DOS from the Regular Air Force and the date he was gained into the Air Force Reserve.  

Due to the break in service, his promotion to Major has been delayed.  He earned the promotion in Jan 15 while on active duty, as a result of the CY14C (LAF) promotion board, with a line number of 1732.  According to the Air Reserve Personnel Center’s Total Force Service Center correspondence, his active duty line number will be converted to a Reserve Active Status List (RASL) number after the break in service is corrected.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Aug 05.

On 30 Nov 15, the applicant was furnished an honorable discharge, and was credited with 10 years, 3 months, and 20 days of active service. 

On 8 Jan 16, under Reserve Order PC-00385, dated 25 Jan 16, the applicant was appointed as a Reserve of the Air Force. 

Air Force Personnel Center confirms applicant was selected for promotion to Major in promotion cycle CY14C. 

Pursuant to the Board request, ARPC/DPAR indicates the applicant’s date of rank to captain should be 12 Jun 05.  Furthermore, upon approval of appointment in the grade of major, the applicant be promoted to the rank of major in the USAFR with a date of rank, and effective date, of 11 Jul 16, pursuant to the CY14C USAF Line of the Air Force Major promotion selection board.

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 granting the applicant’s request, indicating there is evidence of an error or injustice. 

Due to a delay in processing of Nominee Package dated 1 Jun 15 at SECDEF level, the applicant incurred a break in service between DOS and appointment date into the Air Force Reserve.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR 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 SECDEF approves the appointment or the date the oath was administered, whichever is later.  Recommend changing his DOS to align with the start of his appointment into the Air Force Reserve.

Presuming the applicant provides proof of promotion and the board was publicly released before the applicant separated Active Duty, the applicant will be able to receive the promotion from the Active Duty board.  If these criteria are not met, the applicant will be eligible for the CY17 Line and Nonline Major Promotion Board. 

A complete copy of the ARPC/DPAR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a statement reiterating:

a.  He was selected for promotion to Major on the Line of the Air Force (LAF) CY14C promotion selection board, and formally notified of his promotion selection in Jan 15.  

b.  That his line number from this board was 1732; and based on the active duty promotion increments as provided throughout CY15 and CY16, he would have been promoted to O-4 in Feb 16.

c.  Due to the break in service incurred, which prevented promotion to O-4, he was forced to complete his first calendar year of service with the Reserves as a Captain/O-3.

d.  He completed his first Inactive Duty Training (IDT) period with the Reserves in Feb 16; ending FY16 with 36 periods completed (adjusted to account for service break) and a standard Annual Tour (AT) of 12 days. Thus far in FY17, completing 20 periods through 10 IDT days.

e.  He wants to ensure that his DOR for Major/O-4 is properly and fairly back-dated to reflect when he should have officially been promoted to O-4; and that he receive fair consideration for all back pay owed as a result of performing IDTs and AT dates in the USAFR as an O-3 instead of an O-4.

The applicant’s complete response, with attachments, is at Exhibit E.

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, to include his rebuttal, 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.  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:

a.  He was not released from active duty on 30 November 2015, but on that date, he continued to serve on active duty until 7 January 2016, on which date he tendered his resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

b.  Upon approval of appointment in the grade of major, Captain Davis be promoted to the grade of major in the United States Air Force Reserve, with a date of rank and effective date of 11 Jul 16, pursuant to the CY14C USAF Line of the Air Force Major promotion selection board.

The following members of the Board considered AFBCMR Docket Number BC-2016-00737 in Executive Session on 7 Nov 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00737 was considered:

	Exhibit A.  DD Form 149, dated 18 Feb 16.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 25 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 2 Mar 17.
	Exhibit E.  Letter, Application dated 3 Mar 17.

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.