RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01219

						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His appointment date with the Air Force Reserve be corrected from 15 Oct 14 to 30 Sep 14 to eliminate a break in service.

APPLICANT CONTENDS THAT:

His name was added to the Air Force Reserve scroll four months prior to his separation from active duty with the Regular Air Force on 29 Sep 14.  Due to a delay in the scrolling process, he could not take his oath of office until the scroll was approved and signed by the Secretary of Defense on 15 Oct 14, causing a break in service.

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

STATEMENT OF FACTS:

On 5 Oct 06, the applicant initially entered the Regular Air Force.

On 29 Sep 14, the applicant was furnished an Honorable discharge and credited with 7 years, 11 months, and 25 days active service.

Under Reserve Order PC-00721, dated 2 Mar 15, the applicant was appointed into the Selected Reserve, effective 15 Oct 14.

The applicant is currently serving in the Air Force Reserve.

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 partial grant, indicating there is evidence of an error or injustice.

Due to a delay in processing the applicant’s nomination package at the Secretary of Defense (SECDEF) level, the applicant incurred a break in service between his date of separation (DOS) from active duty and appointment into the Air Force Reserve.  In accordance with Deputy SECDEF Memo, dated 2 May 05, all military officer appointments under Section 12203 of Title 10, United States Code, not previously approved by 30 Jun 05, shall be submitted to the SECDEF.

Current policies do not allow for backdating oaths; however, SAF/GCM and the Air Force Board for Correction of Military Records (AFBCMR) have determined the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  Office of Secretary of Defense (OSD) General Counsel determined the appointment date is the date the SECDEF approved the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the SECDEF directive.

ARPC/DPAR found no administrative error and concludes the break in service was no fault of the applicant.

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 4 Jan 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, and he receive promotion consideration during the first available Special Selection Board, assuming all other requirements are met.

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 29 September 2014, but on that date, he continued to serve on active duty until 14 October 2104, 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-2016-01219 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-2016-01219 was considered:

	Exhibit A.  DD Form 149, dated 22 Mar 16, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 26 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 4 Jan 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01219, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.