RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00641 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His break in service from 1 Oct 11 through 18 Mar 13 be removed from his military personnel records. APPLICANT CONTENDS THAT: He was erroneously discharged from active duty and should have been transferred to the Air Force Reserves upon his separation on 30 Sep 11. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserves (AFRES) in the grade of captain (O-3). On 30 Sep 11, the applicant received an honorable discharge with a narrative reason for separation of “Non-Selection, Permanent Promotion.” He was credited with 10 years and 4 months of total active service. According to Reserve Order Number PC-00362, dated 8 Apr 13, on 19 Mar 13, the applicant’s appointment to the AFRES was approved by the Secretary of Defense (SECDEF). AIR FORCE EVALUATION: ARPC/DPA recommends approval. DPA states they found no administrative error and the break in service was of no fault of the applicant. Due to a delay in processing of the 14 Jan 13 scroll at the SECDEF level, the applicant incurred a break in service between his Date of Separation (DOS) and appointment date into the AFRES. 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 DOS to prevent a break in service. The appointment date has been determined to be the date SECDEF approves the appointment or the date the oath was administered, whichever is later. Therefore, DPA recommends the AFBCMR adjust the DOS. The complete 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 Mar 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: ARPC/DPA recommends approval. DPA reiterates their initial recommendation and in addition indicates the applicant contends that his Reserve Active Status List (RASL) should reflect 1 Oct 11; however, the only corrective action that can be accomplished is to eliminate the break in service between active duty separation and his entry into the AFRES. The applicant’s break in service caused a breach in the written agreement to serve in the Ready Reserve, due to a delay by the AFRES to submit the applicant for SECDEF level approval. As a result, the applicant was released from active duty and accepted separation pay. In accordance with Title 10, United States Code, Section 1174(e), “As a condition of receiving separation pay under this section, a person otherwise eligible for that pay shall be required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a reserve component for a period of not less than three years following the person’s discharge or release from active duty.” The complete DPA evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 1 Jun 15 for review and comment within 30 days (Exhibit F). 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. Insufficient relevant evidence has been presented to demonstrate the existence of an injustice. While it appears as though an error resulted in the applicant being erroneously discharged from active duty, instead of being transferred to the Air Force Reserve, thereby delaying his eventual appointment as a Reserve officer, the Board majority is not convinced the recommended corrective action is warranted. In this respect, the Board has been advised that the only avenue of relief available to it in these types of cases is to adjust an applicant’s date of separation (DOS) as only the Secretary of Defense has authority to appoint commissioned officers. The adjustment of the DOS results in constructive service credit for the period of time between the officer’s DOS and his/her appointment. The Board is aware this Board has granted this form of relief to many applicants similarly situated in previous cases. However, in the instant case, the Board majority believes the amount of service credit, almost 15 months, needed to eliminate the applicant’s break in service is excessive and disproportionate to the harm he has suffered. In fact, the applicant has not indicated in his submission what harm the delayed appointment causes. It appears the applicant and ARPC/DPA is seeking to have the Board validate the correction already reflected in a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, which shows the applicant was transferred to the USAFR, rather than discharged. However, as noted, this Board cannot correct the record to show the applicant transferred to the Reserves because he was not tendered an appointment as a Reserve officer prior to his release from active duty. While the Board majority acknowledges an error has occurred, this Board lacks the authority to effect a correction that balances the harm to the applicant and considers the interests of the Air Force. Therefore, in the absence of evidence to the contrary, the Board majority finds no basis to recommend granting the relief sought in this application. RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. The following members of the Board considered AFBCMR Docket Number BC-2014-00641 in Executive Session on, 8 Jul 15, 17 Jul 15, and 23 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board voted to deny the application. _________voted to correct the records and has submitted a minority report which is provided at Exhibit G. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPA, dated 6 Mar 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14. Exhibit E. Letter, ARPC/DPAR, dated 21 May 15. Exhibit F. Letter, SAF/MRBR, dated 1 Jun 15. Exhibit G. Minority Report, dated 23 Jul 15.