RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-04166 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service following his separation from active duty and commissioning into the United States Air Force Reserve (USAFR) be removed.  

APPLICANT CONTENDS THAT:

His break in service between his date of separation (DOS) from the Regular Air Force to is appointment date in the USAFR was not due to any fault of his own, but due to the delay in the scrolling process.  

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

STATEMENT OF FACTS:

The applicant separated from the Regular Air Force on 15 July 2016.  He transferred to the Air Force Reserve effective 27 July 2016; the date his appointment was approved by the Secretary of Defense (SecDef). 

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:

HQ ARPC/DPAR recommends approval.  Due to a delay in processing of the nominee package at the SecDef level, the applicant incurred a break in service between his separation from active duty and his appointment into the Reserve.  

In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef.  
An appointment order was issued on 7 September 2016 in accordance with Air Force Instruction (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 2003.  

Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the date of separation for these officers to prevent a break in service.  The General Counsel 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 Office of Secretary of Defense directive.  

There was no administrative error and the break in service was not caused by the applicant.  His records should be corrected to reflect a date of separation of 26 July 2016.  

The complete HQ 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 21 September 2017 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 15 July 2016, but on that date, he was continued on active duty until 26 July 2016, 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-2016-04166 in Executive Session on 13 February 2018 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 20 September 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, HQ ARPC/DPAR, dated 13 February 
                 2017.  
	Exhibit D.  Letter, AFBCMR, dated 21 September 2017.

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.