RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01005 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

His records be updated to reflect award of the Meritorious Service Medal (MSM) with two devices (administratively corrected).

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.

His subsequent MSM was received after he separated from active duty.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Jun 03.

On 3 Mar 15, the applicant was furnished an honorable discharge, and was credited with 11 years, 8 months, and 20 days of active service.  

On 21 May 15, under Reserve Order PC-01543, dated 29 Jul 15, the applicant was appointed as a Reserve of the Air Force.

On 7 Nov 16, AFPC/DP2SP was able to verify the applicant’s entitlement to the MSM with two devices.  Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect award of the MSM with two devices. 

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 granting the applicant’s request to remove his break in service, indicating there is evidence of an error or injustice.

Due to a delay in processing of Nominee Package 516 at SECDEF level, the applicant incurred a break in service between applicant’s DOS from active duty, 3 Mar 15, and appointment date into the Air Force Reserve, 21 May 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 20 May 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 C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 5 Jan 17 for review and comment within 30 days (Exhibit E).  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.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below, in addition to that which is rendered administratively corrected.

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 3 Mar 15, but on that date, he continued to serve on active duty until 20 May 15, 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-2016-01005 in Executive Session on 8 Aug 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-2016-01005 was considered:

	Exhibit A.  DD Form 149, dated 6 Mar 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 21 Jun 16, w/atch.
	Exhibit D.  Memorandum, AFPC/DP2SP, dated 7 Nov 16.
	Exhibit E.  Letter, AFBCMR, dated 5 Jan 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.