RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-02415
		
						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. 

His date of appointment in the Air Force Reserve be adjusted to 2 August 2013.  

His Date of Rank (DOR) for the grade of major (O-4) be backdated to 1 May 2014 and his service dates be corrected.  

APPLICANT CONTENDS THAT:

His entry into the Air Force Reserve was delayed due to administrative reasons resulting in a break in service and loss of his active duty promotion to the grade of major.  He requests back pay and any other relief he may be entitled.  

He was selected for promotion to the grade of major while on active duty.  Additionally, he requested immediate transfer to the Air Force Reserve while on active duty.  

On 30 April 2013, he was informed he had been accepted as a Reserve Judge Advocate General (JAG).  His scroll was held up at the Secretary of Defense (SecDef) level.  Due to processing errors, he incurred a break in service between his separation from active duty on 1 August 2013 and appointment in the Air Force Reserve on 10 September 2013.  As a result, he lost his promotion to the grade of major.  

Upon his entry into the Reserve, he again met the major’s promotion board and was again selected for promotion.  His current DOR is 1 October 2015.  If his active duty promotion had been accomplished, his DOR would be 1 May 2014.

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve currently serving in the grade of major with a DOR of 1 October 2015.  

He entered the Regular Air Force on 15 January 2007 and was discharged on 1 August 2013 in the grade of captain (O-3).  He was credited with 6 years, 6 months and 17 days of active duty service.  

According to the applicant’s ARPC IMT 92, Appointment Order, Reserve Order PC-00020 dated 9 October 2013, he was appointed as a Reserve of the Air Force officer on 10 September 2013.  The applicant’s Total Federal Commissioned Service Date (TFCSD), DOR, Total Years’ Service Date (TYSD) and pay date were adjusted to reflect the break in service.   

The applicant provides a copy of the worldwide CY12B Major (NC/LAF-J) Select List which includes his name and Air Force JAG On-line News Service article dated 30 April 2014 with a congratulatory notice for his promotion selection to the grade of major.  
	
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility, 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.  In accordance with the 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, are submitted to the SecDef for approval.  

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.  Should the AFBCMR agree with the recommendation to eliminate the break in service, the applicant’s DOS, DOR, pay date, TFCSD and TYSD will be corrected.  

Additionally, presuming the applicant provides proof of promotion and that the board was publicly released before the applicant separated from active duty, the applicant will be able to receive the promotion from the active duty board.  The applicant’s DOR will be calculated using the current Reserve of the Air Force requirements.  In this case, the DOR and effective date of promotion would be 15 January 2014.  If the criteria is not met, the applicant would be eligible for supplemental promotion consideration in lieu of the CY14 Line and Non-line Major Promotion Board, which was held on 13 January 2014.  

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 3 May 2017 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 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 that he was not released from active duty on 1 August 2013, but on that date, he continued to serve on active duty until 9 September 2013, 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-2016-02415 in Executive Session on 7 September 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 8 June 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 8 November 2016,
			  w/atch.
	Exhibit D.  Letter, AFBCMR, dated 3 May 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 entitled matter.