RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03939
		
 						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:

The delay in the approval of his scroll resulted in a break in service and adjustment of his date of rank (DOR) and service dates.  The break in service was through no fault of his own.  He requests his appointment date in the Air Force Reserve reflect as 24 May 16, instead of 27 Jul 16, and his DOR and service dates be corrected to reflect there was no 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).

On 15 Jul 01, he entered a period of active duty in the Regular Air Force and was discharged on 23 May 16.  He was credited with 14 years, 10 months and 9 days of active duty service.

According to Reserve Order PC-00933 dated 31 Aug 16, he was appointed as a Reserve of the Air Force officer on 27 Jul 16.  His service dates and DOR were adjusted to reflect the break in 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 request to eliminate his break in service.  There is no administrative error and the break in service was due to no fault of the applicant.  Due to a delay in the processing of the applicant’s appointment package at the Secretary of Defense level, he incurred a break in service between his date of separation (DOS) from active duty and appointment into the Air Force Reserve.

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.  

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 15 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.  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 (OPR) 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 effective 23 May 16 but on that date, he was continued on active duty until 26 Jul 16, 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-2016-03939 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary was considered:

	Exhibit A.  DD Form 149, dated 23 Sep 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, ARPC/DPAR, dated 23 Jan 17, 
		       w/atch.
	Exhibit D.  Letter, SAF/MRBC, dated 15 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.