RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01023 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The break in service from 7 Sep 14 to 22 Sep 14 be removed from his record. APPLICANT CONTENDS THAT: He separated from active duty on 6 Sep 14 after applying for separation in May 2014. His Reserve appointment date was recorded as 23 Sep 14, but the correct date should be 7 Sep 14 in order to show there was no break in service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 28 May 03, the applicant entered the Regular Air Force. According to AF IMT 100, Request and Authorization for Separation, the effective date of the applicant’s separation is recorded as 6 Sep 14. According to the applicant’s Voluntary Separation Application, dated 8 May 14, the requested separation date of 6 Sep 14 is hand-written in placed of 1 Oct 14. On 6 Sep 14, the applicant resigned after completion of required active service. He was credited with 11 years, 3 months and 9 days of active service. 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 of the applicant’s request to reflect no break in service. They found no administrative error and conclude it was no fault of the applicant. Due to delay in processing of the 23 Sep 14 Scroll at the Secretary of Defense (SECDEF) level, the applicant incurred a break in service between his DOS and appointment date into the Air Force Reserves (AFR). In accordance with (IAW) Deputy SECDEF Memo, dated 2 May 05, all military appointments under Section 12203 of Title 10, United States Code, not previously approved by 30 Jun 15, shall be submitted to the SECDEF. Appointment Order PC-00152, dated 3 Nov 14, was IAW 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 03. While current policy does not allow for backdating oaths of office, the Air Force Board for Correction of Military Records (AFBCMR) has the authority to adjust the Date of Separation (DOS) for officers to prevent a break in service. OSD General Counsel determined the appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later. Therefore, recommend the applicant’s record be corrected to show a date of separation/resignation of 22 September 14. A complete copy of the ARPC/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 4 May 15 for review and comment within 30 days (Exhibit E). 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, including attachments, in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. We note that through no fault of the applicant, a delay occurred in processing his Scroll causing the break in service. 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 he did not tender his resignation and was not discharged from all Regular Air Force appointments on 6 September 2014, but on that date, was continued on active duty until 22 September 2014, on which date he tendered his resignation, was discharged from all Regular Air Force appointments, and was released from active duty. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01023 was considered: Exhibit A. DD Form 149, dated 11 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPA, dated 8 Apr 15. Exhibit D. Letter, SAF/MRBR, dated 4 May 15.