RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00831

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service be eliminated between his date of separation (DOS) from Regular Air Force and entry into the Air Force Reserve.

APPLICANT CONTENDS THAT:

He should not have incurred a break-in-service between his DOS, 30 Apr 15 from the Regular Air Force and the date he was gained into the Air Force Reserve, 18 May 15.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 Jan 08.

On 30 Apr 15, the applicant was furnished an honorable discharge, and was credited with 7 years, 7 months, and 3 days of active service.

Under Reserve Order PC-01477, dated 20 Jul 15, the applicant was appointed as a Reserve of the Air Force on 18 May 15.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPAR recommends approval of the applicant’s request to change his record to eliminate the break in service.   

Due to a delay in processing the applicant’s package at the Office of the Secretary of Defense (OSD) level, the applicant incurred a break in service between his DOS and his 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 Secretary of Defense (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.  
 
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 7 Sep 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 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 the applicant was not released from active duty on 30 Apr 15, but on that date, he continued to serve on active duty until 17 May 15, when he was released from active duty and transferred to the Air Force Reserve, effective 18 May 15.

The following members of the Board considered AFBCMR Docket Number BC-2016-00831 in Executive Session on 23 Feb 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 was considered:

	Exhibit A.  DD Form 149, dated 23 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 21 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 7 Sep 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.