RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00864 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to eliminate the break in service between his date of separation (DOS) from the Regular Air Force and entry into the Air Force Reserve. His date of rank (DOR) to Captain reflect 1 June 2009 rather than 17 June 2009. APPLICANT CONTENDS THAT: His break in service between his DOS from Regular Air Force to his appointment date in the Air Force Reserve was not due to any fault of his own, but due to the delay in the scrolling process. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 1 June 2005. On 29 September 2014, the applicant was furnished an honorable discharge, and was credited with 9 years, 3 months, and 29 days of active service. On 15 October 2014, the applicant was appointed as a Reserve officer in the grade of captain (03). The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force office of primary responsibility (OPR), which are included at Exhibits C and E. AIR FORCE EVALUATION: ARPC recommends approval to remove the applicant’s break in service. Due to a delay in processing of the Voluntary Separation Pay (VSP) scroll at the Secretary of Defense (SecDef) level, the applicant incurred a break in service between his DOS and appointment into the Air Force Reserve. In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef. An appointment order was issued on 22 December 2014 in accordance with AFI 36-2005, Appointment In Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force dated, 19 May 2003. Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the DOS for these officers to prevent a break in service. The General Counsel determined the appointment date is the date the SecDef approved the appointment or the date the oath was administered, whichever is later. The applicant was granted appointment in accordance with the Office of Secretary of Defense directive. There was no administrative error and the break in service was not caused by the applicant. His records should be corrected accordingly. A complete copy of the ARPC evaluations are at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 July 2015 for review and comment within 30 days. As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: ARPC/DPAR recommends approval of the applicant’s request for his date of rank to captain be effective 1 June 2009. There was no administrative error and the break in service was not caused by the applicant. A complete copy of the ARPC/DPAR evaluation are at Exhibit E. APPLICANT'S RESPONSE TO ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 19 October 2015 for review and comment within 30 days. 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 warranting corrective action. Having carefully reviewed this application, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion that the applicant has been the victim of either an error or an injustice. With regard to the applicant’s request that his DOR to captain (0-3) be adjusted to reflect 1 June 2009, we understand that once the break-in-service is eliminated, the DOR will be adjusted to reflect 1 June 2009. Therefore, we recommend the applicant’s record 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 he was not released from active duty effective 29 September 2014, but on that date, he was continued on active duty through 14 October 2014. The following members of the Board considered AFBCMR Docket Number BC-2015-00864 in Executive Session on 13 January 2016 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-2015-00864 was considered: Exhibit A.  DD Form 149, dated 26 February 2015, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, ARPC, 9 June 2015, w/atch. Exhibit D.  Letter, SAF/MRBR, dated 2 July 2015. Exhibit E.  Memorandum, ARPC/DPAR, dated 30 September 2015, w/atch. Exhibit F.  Letter, SAF/MRBR, dated 19 October 2015.