RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00471 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His commissioning date as a second lieutenant in the United States Air Force Reserve (USAFR) be changed from 30 June 2010 to 27 July 2009. _________________________________________________________________ APPLICANT CONTENDS THAT: After graduation from the United States Air Force Academy (USAFA) on 27 May 2009, he was selected to participate in the Religious Professional Scholarship Program (RPSP). In order to participate in the program, he had to resign his Regular Air Force commission and accept a commission in the USAFR. Per Air Force Instruction (AFI) 52-106, paragraph 3-5, he was discharged from active duty after his 60 days of leave, on 26 July 2009, and started seminary in August 2009. He wasn’t aware that he did not receive his commission until late June 2010 when he was applying for the Chaplain Candidate Course. As a result, he received his commission on 30 June 2010. In accordance with AFI 52-106, paragraph 3.5, he should have received his commission immediately after separating from active duty on the 61st day after graduation on 27 July 2009. His current commissioning date is preventing him from receiving back pay for the stipend of his first year in seminary. In support of his appeal, the applicant submits a letter of support from AF/HCP (Staff Chaplain, Personnel, Budget, and Readiness); a copy of AFI 52-106; and a copy his Oath of Office. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the USAFR in the grade of second lieutenant (O-1). The remaining relevant facts, extracted from the applicant’s military service record, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTA recommends denial to change the applicant’s date of appointment to the USAFR; however, they recommend approval to correct his record to show he did not have a break in service. DPTA states the applicant was erroneously assigned to HPSP effective 27 May 2009. His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 26 June 2009, incorrectly reflects he was released from active duty without a Military Service Obligation (MSO). In accordance with Department of Defense Instruction 1304.25, Chapter 6, and Title 10, United States Code (USC), Sections 10101, 10142, and 10143, the applicant has an MSO. The Secretary of Defense (SecDef) approved the applicant’s appointment as a USAFR officer on 4 March 2010. He was approved for the Chaplain Candidate Program on 14 April 2010 and took the Oath of Office on 30 June 2010 to enter the Chaplain Candidate Program. DPTA indicates that current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined to adjust the date of separation for these officers to prevent a break in service. SecDef General Council determined the appointment date is the date 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. His break in service was at no fault of the applicant. The complete DPTA 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 8 April 2011 for review and comments within 30 days. As of this date, no response has been received. _________________________________________________________________ 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 to warrant partial relief. After a thorough review of the evidence presented, it appears the applicant’s appointment date was appropriately established in compliance with SecDef directive. However, we note the Air Force office of primary responsibility (OPR) indicates that due to the applicant’s erroneous assignment and release from active duty without a MSO, his break in service was at no fault of his own and should be corrected. Therefore, in an effort to offset any possibility of an injustice, we agree with the recommendation made by the Air Force OPR and recommend the applicant’s record be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to reflect that he was not released from active duty, effective 26 July 2009, but was continued on active duty through 3 March 2010. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00471 in Executive Session on 12 October 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2011- 00471 was considered: Exhibit A. DD Form 149, dated 25 Jan 11, with atchs. Exhibit B. Letter, ARPC/DPTA, dated 23 Mar 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. Panel Chair