RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04307 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His commission date be changed from 8 Nov 10 to 3 Sep 10. _________________________________________________________________ APPLICANT CONTENDS THAT: His name was omitted from the official scroll and the Secretary of Defense (SECEF) delayed signing the official order until 8 Nov 10. As a result, he was re-administered the Oath of Office on 8 Nov 10 which established his new commissioning date. He requests his original commissioning date of 3 Sep 10 be corrected so that he does not lose pay. If the date is not changed, he believes it will have a negative impact on future promotion boards. In support of his request, the applicant provides a copy of his AF IMT 133, Oath of Office (Military Personnel), and a copy of his Officer Training School (OTS) certificate. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve (AFR) in the grade of first lieutenant (0-1). Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTA recommends denial. DPTA states the applicant graduated from OTS on 3 Sep 10; however, due to an administrative oversight, AFRC/A1KP did not submit the scroll to HQ USAF/REP. A1KP later determined the member was not scrolled; nevertheless, the applicant’s name was submitted to REP on 27 Oct 10 to be added to the 23 Aug 10 scroll for SECDEF’s approval. The scroll was approved on 8 Nov 10 and he was appointed to the AFR on the same date. DPTA notes that current policies do not allow for backdating oaths; however, the applicant was enlisted and received pay and benefits authorized on enlisted status for the period until SECDEF approved the scroll and he was commissioned. The Office of the Secretary of Defense (OSD) General Council determined the appointment date is the date SECDEF approves the appointment or the date the oath was administered, whichever is later. In this case, the applicant was granted appointment IAW the OSD directive. The ARPC/DPTA complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Jan 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Reserve office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04307 in Executive Session on 26 May 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Nov 10, w/atchs. Exhibit B. Letter, AFPC/DPTA, dated 7 Jan 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 28 Jan 11.