RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04122 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Date of Separation (DOS) be adjusted to 16 Jul 14. APPLICANT CONTENDS THAT: His recruiter submitted his scroll for approval, on 21 Feb 14; however, due to a delay in the processing of the scroll list at the Secretary of Defense (SECDEF) level, he had a break in service from 11 Jul 14 to 17 Jul 14, when he was appointed into the Air Force Reserve. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 5 Jun 01, the applicant entered active duty as a Regular Air Force officer. The applicant is currently serving in the USAFR in the grade of Major (Maj/O-4). On 11 Jul 14, the applicant was discharged from active duty. On 17 Jul 14, the applicant was appointed into the Air Force Reserve. AIR FORCE EVALUATION: ARPC/DPA recommends approval of the applicant's request to reflect no break in service. They found no administrative error and conclude the break in service was at no fault of the applicant. DPA advise that implementation of the Secretary of the Air Force General Counsel (SAF/GCM) advisory, grants the AFBCMR authority to adjust the DOS. DPA indicates that 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 for these officers to prevent a break in service. The office of the Secretary of Defense (OSD) General Counsel 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 OSD directive. The complete DPA evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Nov 14 for review and comment within 30 days (Exhibit D). 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we 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 the APPLICANT be corrected to show that on 11 Jul 14, he was not released from active duty, but on that date he was continued on active duty through 16 Jul 14, and was then released from active duty. The following members of the Board considered AFBCMR Docket Number BC-2014-04122 in Executive Session on 4 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04122 was considered: Exhibit A. DD Form 149, dated 22 Sep 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, ARPC/DPA, dated 24 Oct 14, w/atch. Exhibit D. Letter, SAF/MRBR, dated 24 Nov 14.