RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01665 

						COUNSEL:  NONE 
						
HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her break in service during the period 9 Mar 15 through 30 Apr 15 be removed from her record.  

APPLICANT CONTENDS THAT:

Through no fault of her own, she incurred a break in service between the date she was discharged from active duty and the date she entered the Reserve due to the scrolling process. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 9 Mar 10.

On 8 Mar 15, the applicant was furnished an honorable discharge, and was credited with five years of active service.   

Under Reserve Order PC-01491, dated 22 Jul 15, the applicant was appointed into the Ready Reserve in the grade of major, effective 1 May 15.

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 Nominee Package 491 at the level of the Secretary of Defense (SECDEF) level, the applicant involuntarily incurred a break in service between her DOS of 8 Mar 15 and her appointment date into the Air Force Reserve of 1 May 15.  Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel (SAF/GCM) and the AFBCMR determined the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  The SECDEF General Counsel (OSD/GC) determined the appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the SECDEF directive.  ARPC found no administrative error.   The break in service was no fault of the applicant.  Therefore, recommend adjusting the applicant’s DOS.

A complete copy of the ARPC/DPAR evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 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 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 ARPC/DPAR 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 8 March 2015, but continued to serve on active duty through 30 April 2015, when she was released from active duty and transferred to the Reserve of the Air Force, effective 1 May 2015.

The following members of the Board considered AFBCMR Docket Number BC-2016-01665 in Executive Session on 18 Apr 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary was considered:

	Exhibit A.  DD Form 149, dated 20 Apr 16, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 19 Jun 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 11 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.