RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05058
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His date of separation (DOS) be changed to 26 Aug 13, rather than 1 Jul 13, to eliminate a break in service.


APPLICANT CONTENDS THAT:

Due to recruiter error and the delay in the processing of the 5 Jul 13 scroll at the Secretary of Defense (SecDef) level, he 
incurred a break in service between his DOS and his appointment date in the Air Force Reserve.

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


STATEMENT OF FACTS:

On 1 Jul 13, the applicant separated from the RegAF.

On 26 Aug 13, the applicant was appointed as an officer in the USAFR.  He is currently serving as a major (O-4) in the Air Force Reserve. 

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is included at Exhibit C. 


AIR FORCE EVALUATION:

ARPC/DPA recommends approval.  In accordance with Deputy SecDef 
Memorandum, dated 2 May 05, states all military officer 
appointments under Title 10, United States Code (USC), section 
12203, not approved by 30 Jun 05, will be submitted to the 
SecDef for approval.



Current policies do not allow for backdating oaths; however, 
SAF/GCM and the AFBCMR have determined that the AFBCMR has the 
authority 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 due to no fault of his own.  
Therefore, the appropriate action to eliminate the applicant’s 
break in service would be to adjust the applicant’s DOS.

A complete copy of the ARPC/DPA 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 21 Jul 14 for review and comment within 30 days 
(Exhibit E).  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.  After a thorough 
review of the evidence of record and the applicant’s complete submission, 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 due to no fault of his own and should be corrected.  Therefore, in an 
effort to preclude the possibility of an injustice, we agree with the recommendation made by the Air Force OPR and recommend 
the applicant’s records 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 show that on 
1 July 2013, the applicant was not released from active duty, but on that date, continued to serve on active duty until 
25 August 2013, when he was released from active duty and transferred to the Air Force Reserve, effective 26 August 2013. 


The following members of the Board considered AFBCMR Docket Number BC-2013-05058 in Executive Session on 2 Dec 14 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 Forms 149, dated 9 Sep 13 and 20 Nov 13,	            w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPA, dated 28 Jan 14, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 14.
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