RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-05079 

   					 	COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break-in-service between the date of his discharge from active duty and entry into the Air Force Reserve be eliminated. 

APPLICANT CONTENDS THAT:

Through no fault of his own he incurred a break-in-service due to a delay in processing his nomination package at the level of the Secretary of Defense (SECDEF).

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 May 07.

On 1 Jul 13, the applicant was furnished an honorable discharge, and was credited with six years, one months, and two days of active service.

Effective 26 Aug 13, under Reserve Appointment Order PC-00696, dated 26 Sep 13, the applicant was appointed into the Standby Reserve.  

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  Due to a delay in processing Nominee Package 20130705M at the SECDEF level, the applicant incurred a break in service between his date of separation from active duty and appointment into the Air Force Reserve.  In accordance with Deputy SECDEF Memo, dated 2 May 05, all military officer appointments under Title 10, United States Code (USC), § 12203 not previously approved by 30 Jun 05, shall be submitted to the SECDEF.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR has determined the AFBCMR 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 SECDEF approves the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the SECDEF directive.  ARPC has found no administrative error and concludes the break in service was no fault of the applicant.  

Recommend approval of the applicant’s request to reflect no break in service.

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 3 Jan 18 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 injustice.  Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of 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 he was not released from active duty on 1 Jul 13, but on that date, he continued to serve on active duty until 25 Aug 13, at which time he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2016-04285 in Executive Session on 14 Feb 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, 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 4 Nov 16, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, ARPC/DPAR, dated 5 Dec 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 3 Jan 18.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.