RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03772
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her break in service between her Date of Separation (DOS) and entry in the Air Force Reserve (AFR) be eliminated.

Her Date of Rank (DOR) to the grade of captain be adjusted.

Her Total Year Service Date (TYSD) be adjusted.

Her Total Federal Service Commissioned Date (TFSCD) be adjusted.

Her Pay Date be adjusted.

APPLICANT CONTENDS THAT:

Through no fault of her own, she was not scrolled prior to her DOS, due to a delay in processing her nominee package at the Secretary of Defense (SECDEF) level.  

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

STATEMENT OF FACTS:

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her resignation from active duty on 16 Oct 14, reflects she was released from active duty and transferred to the AFR, in the grade of captain.  She was credited with four years and one day of active duty service.

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 approval of the applicant's request to reflect no break in service.  In Accordance With (IAW) Deputy Secretary of Defense (SECDEF) memo, dated 2 May 05, military officer appointments under Title 10, Section 12203, United States Code (U.S.C) not previously approved by 30 Jun 05, shall be submitted to the SECDEF.  The applicant’s appointment order, PC-01323, dated 30 Jun 15, was issued IAW AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, dated 19 May 03.  

On 16 Oct 14, the applicant was discharged from the Air Force, and, on 1 Jan 15, her appointment was approved by the Office of the Secretary of Defense (OSD) and she accepted a commission in the Reserve of the Air Force.

Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the Board 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 OSD approved the appointment or the date the oath was administered, whichever is later.  

ARPC found no administrative error and concludes the break in service was at no fault of the applicant.   

A complete copy of the AFPC/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 29 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 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.  After carefully reviewing this application, we agree with the rationale of the Air Force Office of Primary (OPR) and agree with the recommendations expressed as the basis for our decision the applicant has been the victim of an error or injustice.  With respect to the applicant’s request to adjust her DOR, TYSD, TFSCD, and Pay Date, we note that once her break in service is removed, her DOR, TYSD, TFSCD, and Pay Date and other service dates will be automatically adjusted by ARPC as is customary in these cases.  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 she was not released from the Air Force on 16 October 2014, but on that date, she continued to serve on active duty until 31 December 2014, on which date she tendered her 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-2016-03772 in Executive Session on 9 Nov 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 13 Sep 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR undated, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 29 Sep 16.

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.