RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01412 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her break in service from 27 Nov 15 to 23 Dec 15, be removed.

APPLICANT CONTENDS THAT:

Through no fault of her own, due to a delay in processing the Scroll at the Office of the Secretary of Defense (SECDEF), she unjustly incurred a break-in-service between date of separation (DOS) from the Regular Air Force and the date she was gained into the Air Force Reserve.  Until this is corrected she cannot apply for the Affiliation Bonus.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 24 Jul 09.

On 27 Nov 15, the applicant was furnished an honorable discharge, and was credited with 6 years, 4 months, and 4 days of active service. 

On 23 Dec 15, under Reserve Order PC-00404, dated 1 Feb 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 granting the applicant’s request, indicating there is evidence of an error or injustice.  

Due to a delay in processing of Nominee Package 581B at SECDEF level, the applicant incurred a break in service between applicant’s DOS from active duty, 27 Nov 15, and appointment date into the Air Force Reserve, 23 Dec 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 her DOS to 22 Dec 15, align with the start of her 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 22 Feb 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 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 she was not released from active duty on 27 Nov 15, but on that date, she was continued on active duty until 22 Dec 15, on which date she tendered her 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-2016-01412 in Executive Session 8 Aug 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-2016-01412 was considered:

	Exhibit A.  DD Form 149, dated 6 Apr 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 22 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 22 Feb 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.