RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02448 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her service dates be corrected to remove her break in service and she be granted a Special Selection Board (SSB) for promotion to the grade of captain. ________________________________________________________________ APPLICANT CONTENDS THAT: She spoke to a Reserve recruiter prior to separating from active duty. Her name was scrolled so that she could continue to serve without a break in service. She never received an appointment letter transferring her into the Reserves. According to the Air Reserve Personnel Center promotion eligibility office, due to the lack of an appointment letter and a break in service, she was ineligible for promotion consideration. The break in service has caused her to be passed over for promotion several times. Additionally, her service dates are incorrect. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force from 30 May 2007 through 1 September 2010. She transferred to the Air Force Reserves effective 9 September 2010; the date her appointment was approved by the Secretary of Defense (SecDef). The remaining relevant facts, extracted from the applicant’s master personnel records, are outlined in the letter prepared by the Air Force office of responsibility, which is included at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPA recommends approval of the applicant’s request to reflect no break in service and to grant her an SSB. While the applicant requests her Date Initial Entry Reserve Forces (DIERF) be corrected, this is a fixed date and not adjusted for time lost or breaks in service. Due to a delay in processing the 19 June 2010 scroll at the SecDef level, the applicant incurred a break in service between her separation from active duty and her appointment into the Reserves. In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef. The applicant was voluntarily discharged from active duty and accepted separation pay under Title 10 U.S.C Section 1174. She was required by a written agreement to serve in the Reserve component for a period of not less than three years following her release from active duty. An appointment order was issued on 5 August 2011, appointing her into the Ready Reserves effective 9 September 2010. Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the date of separation for these officers to prevent a break in service. The General Counsel determined the appointment date is the date SecDef approves the appointment date or the date the oath was administered, whichever is later. The applicant was granted appointment in accordance with the Office of Secretary of Defense directive. There was no administrative error and the break in service was not caused by the applicant. Her records should be corrected accordingly. The complete DPA evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 July 2012 for review and comment within 30 days. As of this date, this office has received no response (Exhibit C). ________________________________________________________________ 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 error or injustice with regard to her break in service and SSB. In this respect the applicant’s name was scrolled on 19 June 2010; yet her appointment was not approved until 9 September 2010. This delay caused a break in her service and was through no fault of the applicant. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility that the applicant’s break in service be removed and SSB be granted. However, with regard to her request that her DIERF be adjusted, we are in agreement with the OPR that this is a fixed date and requires no adjustment. Therefore, we recommend that the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. She was not released from active duty effective 1 September 2010, but on that date, she was continued on active duty through 8 September 2010. b. Her record be considered for promotion to the grade of captain by a Special Selection Board for the Calendar Year 2010B Captain Central Selection Board. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02448 in Executive Session on 26 March 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Jun 12, w/atchs. Exhibit B. Letter, ARPC/DPA, dated 9 Jul 12. Exhibit C. Letter, SAF/MRBR, 16 Jul 12.