RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00632

							COUNSEL: NONE

							HEARING: NO

APPLICANT’S REQUEST.  His break in service from date of separation (DOS) from the Regular Air Force and entry into the Air Force Reserve be eliminated.

APPLICANT’S CONTENTION.  Due to a delay in processing the scroll at the Office of the Secretary of Defense (SECDEF), he unjustly incurred a break-in-service between his DOS from the Regular Air Force and the date he was gained into the Air Force Reserve.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is currently serving as a major in the Air Force Reserve, with an indefinite obligation.  On 20 May 16, the applicant was furnished an honorable discharge from the Regular Air Force.    

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  ARPC/DPAR recommended granting the application.  

Due to a delay in processing the Nominee Package at the SECDEF level, the applicant incurred a break in service between applicant’s DOS from active duty, 20 May 16, and appointment date into the Air Force Reserve, 14 Jun 16.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have 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.  Recommend changing applicant’s DOS to 13 Jun 16, to align with the start of his appointment into the Air Force Reserve.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The board sent a copy of the Air Force evaluation to the applicant on 21 Jan 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  The Board concurs with ARPC/DPAR and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  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 20 May 2016, but on that date, he continued to serve on active duty until 13 June 2016, on which date he tendered his resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

CERTIFICATION:  The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered AFBCMR Docket Number BC-2017-00632 in Executive Session on 20 Mar 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A: DD Form 149, dated 14 Jan 17, w/atchs.
Exhibit B: Excerpts from Personnel Records.
Exhibit C: Advisory, ARPC/DPAR, dated 12 Jan 18, w/atch.
Exhibit D: Letter, AFBCMR, dated 21 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.