RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02321 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His date of separation (DOS) from active duty be adjusted to 
reflect the day before his Reserve appointment date in order to 
prevent a break in service. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His Oath of Office was filled out with an invalid date of 
15 December 2010, prior to the Secretary of Defense’s (SecDef) 
approval date of 6 January 2011. Therefore, his Oath was re-
accomplished and back-dated to 6 January 2011. As a result he 
has a break in service between his DOS and his appointment date 
into the United States Air Force Reserve (USAFR). 

 

In support of his appeal, the applicant submits a copy of his 
Oath of Office and an electronic communication. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant separated from the Regular Air Force effective 
24 November 2010 to accept a commission in the USAFR. His name 
was scrolled to the Air Staff (AF/REP) on 8 November 2010. The 
Secretary of Defense (SecDef) approved the applicant’s 
appointment as a USAFR officer on 6 January 2011. The applicant 
is currently serving in the USAFR in the grade of captain (O-3). 

 

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 C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPTS recommends approval. DPTS states the applicant was 
granted appointment into the AFRES in accordance with Deputy 
Secretary of Defense Memorandum, dated 2 May 2005, indicating all 
military officer appointments under Title 10, United States Code 


(USC), Section 12203, not previously approved by 30 June 2005, 
shall be submitted to the SecDef. 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’s break in service was at no fault of his own. 

 

The complete DPTS evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 October 2011 for review and comments within 30 days 
(Exhibit D). 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 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 the 
applicant’s 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 24 November 2010, but was 
continued on active duty through 5 January 2011. 

 

_________________________________________________________________ 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2011-02321 in Executive Session on 6 March 2012, under 
the provisions of AFI 36-2603: 

 


 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2011-
02321 was considered: 

 

Exhibit A. DD Form 149, dated 4 Jun 11, with atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, ARPC/DPTS, dated 5 Oct 11, w/atchs. 

Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11.