RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-02133
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service following his separation from active duty and appointment in the Air Force Reserve be eliminated.  

APPLICANT CONTENDS THAT:

He has a break in service from 2 March 2014 to 2 May 2015 and would like the break in service to be removed from his records.  He knew well ahead of time he was separating from active duty in March 2014 and applied to the Reserves and completed all requirements in November 2013.  Through no fault of his own, his package was delayed pending signature of the scroll by the Secretary of Defense (SecDef).    

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 1 June 2009 and was honorably discharged on 1 March 2014.  He was credited with 4 years, 9 months and 2 days of active duty service.  

According to the applicant’s ARPC IMT 92, Appointment Order, Reserve Order PC-01062 dated 8 July 2014, he was appointed as a Reserve of the Air Force officer on 2 May 2014.  The applicant’s Total Federal Commission Service Date (TFCSD), Date of Rank (DOR), Total Years’ Service Date (TYSD) and pay date were adjusted to reflect the break in service.   

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 of the applicant’s request to eliminate his break in service.  ARPC found no administrative error and concludes the break in service was through no fault of the applicant.  Due to a delay in processing of the Nominee Package at the 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.  

Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel Military Law (SAF/GCM) and the Board determined that the Board has the authority to adjust the DOS for these officers to prevent a break in service.  The Office of the Secretary of Defense General Counsel (OSD/GC) 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 OSD directive.  Therefore, ARPC recommends implementation of the SAF/GCM advisory granting the AFBCMR authority to adjust the applicant’s DOS.  

A complete copy of the 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 13 December 2016 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 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 the Air Force office of primary responsibility (OPR) 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 that he was not released from active duty on 1 March 2014, but on that date, he continued to serve on active duty until 1 May 2014, 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-2016-02133 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

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

	Exhibit A.  DD Form 149, dated 24 May 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 1 September 2016.
	Exhibit D.  Letter, AFBCMR, dated 13 December 2016. 
	
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.