RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00782 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His date of entry into the Air Force Reserve be changed to 31 Aug 15 to eliminate the 49-day break in service between date of separation (DOS) from the Regular Air Force and entry into the Air Force Reserve.  Additionally, his ARPC IMT 92, Appointment Order, be corrected to reflect 31 Aug 15 and all applicable service dates be adjusted accordingly.   

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.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Jul 02.

On 30 Aug 15, the applicant was furnished an honorable discharge, and was credited with 13 years, 1 month, and 25 days of active service.  

On 19 Oct 15, under Reserve Order PC-00341, dated 7 Jan 16, the applicant was appointed as a Reserve of the Air Force. 

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

Due to a delay in processing of Nominee Package 560 at SECDEF level, the applicant incurred a break in service between applicant’s DOS from active duty, 30 Aug 15, and appointment date into the Air Force Reserve, 19 Oct 15.  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 18 Oct 15, to align with the start of his appointment into the Air Force Reserve.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29 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 relief should be granted.  Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the relief recommended by ARPC/DPAR.  While this is not the relief the applicant seeks, this Board is without authority to adjust appointment dates of commissioned officers.  In this respect, we note commissioned officers are appointed by virtue of the authority of the Secretary of Defense, which cannot be delegated.  As such, neither the Secretary of the Air Force, nor this Board acting on the Secretary’s behalf, has the authority to adjust the appointment of a commissioned officer.  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 he was not released from active duty on 30 August 2015, but on that date, he continued to serve on active duty until 18 October 2015, on which date he tendered his 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-2016-00782 in Executive Session on 11 Jul 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-2016-00782 was considered:

	Exhibit A.  DD Form 149, dated 22 Feb 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 25 Apr 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 29 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.