RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2016-01668

				COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The break in service between his separation from active duty and the date he was appointed into the Air National Guard be eliminated.

APPLICANT CONTENDS THAT:

The break in service is through no fault of his own, but rather because prior to his separation from active duty, he was not scrolled for appointment to the Air Force Reserve.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 11 June 2005.

According to the applicant’s Individual Ready Reserve Agreement Conditional for Separation Pay, dated 3 September 2014, he agreed to serve in the Individual Ready Reserve for a period of not less than three years following his separation from active duty.

On 29 September 2014, the applicant was released from active duty with an honorable character of service and was credited with 9 years, 3 months and 19 days of active service.  His narrative reason for separation is “Force Shaping – VSP [Voluntary Separation Pay].”

Via NGB Form 337, Oaths of Office, dated 21 August 2015, the applicant swore his allegiance to the Air National Guard and was granted temporary federal recognition.

According to Special Order AAA-121, dated 9 September 2015, the applicant was appointed to the Air National Guard in the grade of captain (O-3) effective 21 August 2015.

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.  The break in service was through no fault of the applicant.  The applicant was voluntarily released from active duty and accepted separation pay under Title 10 United States Code, Section 1174, Separation pay upon involuntary discharge or release from active duty (10 U.S.C, § 1174).  Therefore, he was required to serve in the Individual Ready Reserve for a period of no less than 3 years following his discharge or release from active duty.

Via Special order, AAA-121, dated 9 September 2015, the applicant was appointed to the Air National Guard effective 21 August 2015, under the provisions of ANGI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force.  In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under 10 U.S.C, § 12203, not previously approved by 30 June 2005, shall be submitted to the Secretary of Defense.  However, the applicant was never approved by the Secretary of Defense for appointment to the Individual Ready Reserve prior to his appointment into the Air National Guard.  Current policies do not allow for backdating oaths; however, SAF/GCM and the Air Force Board for Correction of Military Records have determined the Board has the authority to adjust the date of separation for these officers to prevent a break in service.  Since the applicant’s appointment to the Individual Ready Reserve was not approved by the Secretary of Defense prior to his appointment to the Air National Guard, removal of his break in service will require extending his active duty time until the day prior to his appointment in the Air National Guard.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 February 2017, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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 warranting relief.  Having carefully reviewed this application, we agree with the recommendation of the Air Force office or primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  Therefore, we recommend the applicant's records be corrected as set forth below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not separated on 29 September 2014, but on that date, he was continued on active duty until 20 August 2015, on which date he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2016-01668 in Executive Session on 18 July 2017, 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 2 February 2016, w/atchs.
Exhibit B.  Letter, ARPC/DPAR, dated 1 July 2016, w/atch.
Exhibit C.  Letter, AFBCMR, dated 3 February 2017.

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 matter.