RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04297 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. Her break in service be removed. 2. Her AF Form 100, Request and Authorization for Separation, Item 10, Military Service Obligation Date, should be corrected. APPLICANT CONTENDS THAT: She should have no break in service. This gap was the result of a delay in getting her scroll approved at the Secretary of Defense's (SECDEF) office. Her servicing recruiter submitted her scroll for approval in Sep 13 (well before her separation date of l Jan 14). However, the scroll was not approved until 6 Jan 14, creating this improper break in her service dates. This occurred through no fault of her own and reflects a known delay in the scroll approval process. She has a remaining Reserve Obligation of service through 29 May 15, and therefore, should have no break in service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 30 May 07, the applicant entered active duty as a Regular Air Force officer. On 1 Jan 14, the applicant resigned her commissioned and was released from active duty. On 6 Jan 14, the applicant was appointed into the Air Force Reserve (USAFR). 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 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 on 6 Jan 14. Should the BCMR agree with this recommendation, the record should be corrected to reflect the applicant’s date of separation as 5 Jan 14. The complete DPA 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 9 Jan 15 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: AFPC/DPSOR did not provide a recommendation; however, they noted their opinion was for informational purposes only. DPSOR notes that since the scrolling process to provide the applicant a commission in the USAFR was approved after the applicant's separation from active duty consummated, if the board approves removing the break in service in accordance with the AFPC/DPA recommendation, the AF Form 100 will be administratively corrected to change the applicant’s Date of Separation (DOS) and add her Military Service Obligation (MSO) since they are both related to her being accepted in the USAFR for a commission. The complete DPSOR evaluation is at Exhibit E. APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: The applicant concurred with the information from DPSOR in regard to her AF Form 100 and MSO. The applicant’s complete response is at Exhibit G. 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 ARPC/DPA and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. We note the applicant is also requesting corrections to her AF Form 100; however, in view of the comments by AFPC/DPSOR indicating that corrections to the AF Form 100 can be made administratively once the applicant’s break in service is removed, we find no basis to recommend corrective action on this portion of the applicant’s request. Therefore, we recommend the applicant's records be corrected to the extent 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 she did not tender her resignation and was not discharged from all Regular Air Force appointments on 1 Jan 14, but on that date, was continued on active duty until 5 Jan 14, on which date she tendered her resignation, was discharged from all Regular Air Force appointments, and was released from active duty. The following members of the Board considered AFBCMR Docket Number BC-2014-04297 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 was considered: Exhibit A. DD Form 149, dated 16 Oct 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, ARPC/DPA, dated 18 Dec 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 9 Jan 15. Exhibit E. Letter, AFPC/DPSOR, dated 16 Jun 15. Exhibit F. Electronic Mail, Applicant, dated 9 Jul 15.