RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2017-01073

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The break in service between his Date of Separation (DOS) from active duty and Reserve accession be removed, and his United States Air Force Reserve (USAFR) accession date and date of rank (DOR) be corrected to correspond with no break in service.

APPLICANT CONTENDS THAT:

He initiated the USAFR accessions process while still on active duty in Feb 16, but was unable to be placed on the Reserve Scroll prior to his active duty separation in May 16, incurring a break in service.  However, he still had a Reserve obligation and entered the Participating Inactive Ready Reserve.

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

STATEMENT OF FACTS:

On 27 May 09, the applicant initially entered the Regular Air Force.

On 9 May 16, the applicant was furnished an Honorable discharge and credited with 6 years, 11 months, and 13 days active service.

Under Reserve Order PC-00834, dated 28 Jul 16, the applicant was appointed into the Air Force Reserve, effective 20 Jun 16.

The applicant is currently serving in the Air Force Reserve.

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:

ARPC/DPAR recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

Due to a delay in processing of Nominee Package 20160208 AFRC-6 at Secretary of Defense level, the applicant incurred a break in service between applicant’s Date of Separation (DOS) and appointment date into the Air Force Reserve.

In accordance with Deputy Secretary of Defense Memo, dated 2 May 05, all military officer appointments under Section 12203 of Title 10, United States Code, not previously approved by 30 Jun 05, shall be submitted to the Secretary of Defense.

Current policies do not allow for backdating oaths; however, SAF/GCM and the Air Force Board for Correction of Military Records (AFBCMR) has determined that the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service.  Office of the Secretary of Defense (OSD) General Counsel determined the appointment date is the date the Secretary of Defense approves the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the OSD directive.

ARPC has found no administrative error and concludes the break in service was no fault of the applicant.  Removal of the break in service will adjust the applicant’s service dates and DOR, making the applicant eligible for promotion consideration by the Calendar Year 2019 Line and Non-line Major Promotion Board, tentatively scheduled for Feb 19.

A complete copy of the ARPC/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 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.  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 that relief should be granted.  Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the relief recommended by ARPC/DPAR.  This Board is without authority to adjust appointment dates of commissioned officers.  In this respect, we note commissioned officers are appointed by virtue of the authority of the Secretary of Defense, which cannot be delegated.  As such, neither the Secretary of the Air Force, nor this Board acting on the Secretary’s behalf, has the authority to adjust the appointment of a commissioned officer.  Therefore, we recommend the applicant’s records be corrected to the extent 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 on 9 May 2016, but on that date, he continued to serve on active duty until 19 June 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-2017-01073 in Executive Session on 20 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 evidence pertaining to AFBCMR Docket Number BC-2017-01073 was considered:

	Exhibit A.  DD Form 149, dated 4 Mar 17, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 4 Dec 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 3 Jan 18, w/atch.

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 regarding AFBCMR Docket Number BC-2017-01073, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.