RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03322 

  		COUNSEL:  NONE
				    
                              HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service from 30 Nov 15 through 28 Mar 16 be removed from his military personnel records. 

APPLICANT CONTENDS THAT:

Through no fault of his own, due to a delay in processing the Scroll at the Office of the Secretary of Defense (SECDEF) he unjustly incurred a break-in-service between his DOS from the Regular Air Force and the date he was gained into the Air Force Reserve.   

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

STATEMENT OF FACTS:

On 28 Apr 03, the applicant initially entered the Regular Air Force.

On 30 Nov 15, the applicant received an honorable discharge, and was credited with 12 years, 7 months, and 3 days of total active service.

On 29 Mar 16, the applicant was appointed by the SECDEF to 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 approval of the applicant’s request to change his DOS to eliminate the break-in-service he incurred.  As a result of the delay in processing his scroll nominee package at the SECDEF level, the applicant incurred a break in service between his DOS and appointment date into the Air Force Reserve.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the DOS for these officers to correct a break-in-service. The 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.  Therefore, DPAR recommends the AFBCMR adjust the applicant’s DOS.

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 13 Sep 17 for review and comment within 30 days (Exhibit E).  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.  Having carefully reviewed this application, we agree with the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an 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 discharged from the Air Force on 30 Nov 15, but on that date, he was continued on active duty until 28 Mar 16, on which date he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2016-03322 in Executive Session on 16 Nov 17 under the provisions of AFI 36-2603,Air Force Board for Correction of Military Records:

	, Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03322 was considered:

	Exhibit A.  DD Form 149, dated 8 Aug 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR dated 24 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Sep 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.