RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-04044
		
						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.

APPLICANT CONTENDS THAT:

Through no fault of her own, her in-service recruiter failed to initiate the scroll process in a timely manner.  

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 3 Oct 15, reflects she was released from active duty and transferred to the AFR, in the grade of captain.  She was credited with five years, three months and six days 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-00210, dated 30 Nov 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 3 October 15, the applicant was discharged from the Regular Air Force, and, on 16 October 15, her appointment was approved by the Office of the Secretary of Defense (OSD) and she accepted a commission in the Air Force Reserve.

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 4 Oct 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 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 she was not released from active duty on 3 October 2015, but on that date, she continued to serve on active duty until 15 October 2015, 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-2016-04044 in Executive Session on 9 Nov 17, under the provisions of AFI 36-2603, AFBCMR:

	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 22 Jul 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR dated 19 Jan 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 4 Oct 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.