RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02712 

						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 signed a Palace Chase agreement which required him to report immediately into his Reserve unit.  However, due to a lengthy scroll processing timeline and sequestration during the summer of 2013, his scroll was not signed by the Secretary of Defense (SecDef) by the deadline of 31 July 2013 per his Palace Chase contract.

Furthermore, ARPC did not communicate to AFPC that the scroll had not been signed.  Had ARPC advised AFPC of the delay, AFPC would have retained him on active duty per the Palace Chase agreement until the scroll was signed.  

His separation date from active duty of 30 July 2013 should be changed to 25 August 2013 to eliminate the break in service.

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 (O-4). 

He entered the Regular Air Force on 30 May 2001 and was discharged on 30 July 2013.  He was credited with 12 years, 2 months and 1 day of active duty service.   

According to the applicant’s ARPC IMT 92, Appointment Order, Reserve Order PC-00639 dated 11 September 2013, he was appointed as a Reserve of the Air Force officer on 26 August 2013.  The applicant’s Total Federal Commissioned Service Date (TFCSD), Date of Rank, Total Years’ Service (TYSD) and pay date were adjusted to reflect the break in service.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached 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.  

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 29 December 2016 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 30 July 2013, but on that date, he continued to serve on active duty until 25 August 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-2016-02712 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 21 June 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 2 May 2016,
			  w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 29 December 2016.