RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02363

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His Effective Date of Change of Strength Accountability (EDCSA), Date Initial Entry Reserve Forces (DIERF), and Retirement date (R/R), be updated to 1 May 15.

2.  His promotion date and Total Federal Commissioned Service Date be recalculated.

APPLICANT CONTENDS THAT:

He was initially scrolled while on active duty; however, the scroll was not signed until 19 Oct 15.  He separated from active duty on 30 Apr 15 and should have been immediately gained to the Reserve on 1 May 15.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 3 Mar 06, the applicant initially entered the Regular Air Force.

On 20 Sep 07, the applicant was furnished an Honorable discharge and credited with 1 year, 6 months, and 18 days active service.

On 21 Sep 07, the applicant was commissioned in the Regular Air Force.

On 30 Apr 15, the applicant was furnished an Honorable discharge and credited with 9 years, 1 month, and 28 days total active service.

Under Reserve Order PC-00321, dated 5 Jan 16, the applicant was appointed into the Selected Reserve, effective 19 Oct 15.

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

Due to a delay in processing Nominee Package 20150126-1 at 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.

If the break in service is eliminated, the applicant’s service dates and date of rank will be adjusted, making him eligible for promotion consideration by the Calendar Year 2017 Line and Nonline Major Promotion Board, tentatively scheduled for 30 Jan 17.  If the decision to adjust the applicant’s DOS occurs after this date, the applicant will be eligible for Special Selection Board consideration.

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 12 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 to warrant removal of the break in service.  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 that relief should be granted.  While we note the applicant requests his Effective Date of Change of Strength Accountability (EDCSA), Date Initial Entry Reserve Forces (DIERF), and Retention/Retirement date (R/R) be amended to reflect 1 May 15, we agree with the OPR’s recommended relief and note that once the applicant’s record is corrected to remove the break in service, said correction will form the legitimate basis for amendment of his service dates and date of rank.  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 30 April 2015, but on that date, he continued to serve on active duty until 18 October 2015, 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-2016-02363 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-2016-02363 was considered:

	Exhibit A.  DD Form 149, dated 10 Jun 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 6 Aug 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 12 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-2016-02363, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.