RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03192
		
					COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her start date with the AF Reserve be changed to 16 Mar 16, so her break in service between the date of her active duty separation and her entry into the AF Reserve on 17 Mar 16 is eliminated.

APPLICANT CONTENDS THAT:

Through no fault of her own, there was a delay in the scrolling process and the scroll with her name on it was not signed in a timely manner, causing her to experience a break in service. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Mar 12.  

On 15 Mar 16, the applicant was furnished an honorable discharge, and was credited with four years and one day of active service.

Under Reserve Order PC-00705, dated 14 Jun 16, the applicant was appointed into the AF Reserve, effective 24 May 16.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  In accordance with Deputy SECDEF Memo, dated 2 May 05, all military officer appointments under Title 10, United States Code (USC), § 12203 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 AFBCMR has determined the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  OSD General Counsel determined the appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later.  

Due to a delay in processing Nominee Package 20150914-3 at the SECDEF level, the applicant incurred a break in service between her date of separation (DOS) from active duty and appointment into the Air Force Reserve.  The applicant was granted appointment in accordance with the SECDEF directive.  ARPC has found no administrative error and concludes the break in service was no fault of the applicant.  Recommend approval of the applicant’s request to reflect no break in service.

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 11 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of ARPC/DPAR 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 she was not released from active duty on 15 March 2016, but on that date, she continued to serve on active duty until 23 May 2016, at which time she was released from active duty and transferred to the Air Force Reserve, effective 24 May 2016.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03192 in Executive Session on 25 May 17 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 26 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 26 Oct 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 17.

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.