RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04875 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His date of separation (DOS) be changed to 8 Oct 14, rather than 29 Aug 14, to eliminate a break in service. APPLICANT CONTENDS THAT: Due to the delay in the process of the 2 Jun 14 scroll at the Secretary of Defense (SecDef) level, he incurred a break in service between his DOS and appointment in the Air Force Reserve. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 29 Aug 14, the applicant separated from the Regular Air Force. On 9 Oct 14, the applicant was appointed as an officer in the Air Force Reserve. He is currently serving as a captain (O-3) in the 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 the Deputy SecDef Memorandum, dated 2 May 05, states all military officer appointments under Title 10, United States Code, 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 those officers to prevent a break in service. SecDef General Counsel determined the appointment date is the date SecDef approved the appointment or the date the oath is 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, 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 25 Feb 15 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 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 OPR indicates that the applicant’s break in service was due to no fault of his own and should be corrected. We agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant’s service dates should be corrected. Accordingly, 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 29 August 2014, the applicant was not released from active duty, but on that date, continued to serve on active duty until 8 October 2014, when he was released from active duty and transferred to the Air Force Reserve on 9 October 2014. The following members of the Board considered AFBCMR Number BC- 2014-04875 in Executive Session on 12 Aug 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-2014-04875 was considered: Exhibit A. DD Form 149, dated 26 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPA, dated 18 Dec 14, atchs. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 15.