RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03207

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

Her break in service be eliminated and her time-in-grade and any other dates that were adversely affected by this gap be corrected.

APPLICANT CONTENDS THAT:

The break in service between active duty and entry into the Air Force Reserve (AFR) was through no fault of her own.  Her servicing recruiter submitted her scroll for approval on 7 Dec 15, which was well before her separation date of 31 May 16.  The scroll was approved on 14 Jun 16; thus, creating this improper gap in her service dates.

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

STATEMENT OF FACTS:

The applicant is currently serving in the AFR in the grade of captain (O-3).  

The applicant entered active duty in the Regular Air Force on 8 Oct 06 and was honorably discharged on 31 May 16 with a narrative reason for separation of “Completion of Required Active Service.”

ARPC IMT 92, Appointment Order, Reserve Order PC-00902, dated 22 Aug 16, reflects the applicant’s date of appointment and assignment into the Air Force Reserve is 14 Jun 16.  

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 approval of the applicant’s request that her break in service be eliminated.  ARPC concludes the break in service was no fault of the applicant.  Due to a delay in processing of the Nominee Package dated 7 Dec 15 at the Secretary of Defense (SECDEF) level, the applicant incurred a break in service between her date of separation (DOS) and appointment date into the AFR.  DPAR recommends her DOS from active duty be amended to 13 Jun 16.   

By way of background, 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 OSD General Counsel (OSD/GC) determined the appointment date is the date the Secretary of Defense approved the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the OSD directive.   

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 14 Sep 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 application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of ARPC/DPAR and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 she was not discharged from active duty effective 31 May 2016 but on that date, she was continued on active duty through 13 Jun 16.  

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03207 in Executive Session on 18 Jul 18:

, Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

	Exhibit A.  DD Form 149, dated 6 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/PB, dated 8 Nov 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 14 Sep 17.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2016-03207.