RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03765
		
XXXXXXXXXX (MEMBER)			COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His break in service following his separation from active duty and commissioning into the United States Air Force Reserve (USAFR) be removed.  

APPLICANT CONTENDS THAT:

His break in service has unfairly affected his date of rank, pay date, time in grade/time in service, and retirement.  

He was selected for an Active Guard Reserve (AGR) position at Portland International Airport (IAP).  He had to separate from active duty in order to accept the reserve commission and transition into the reserve.  He was forced to use his sole Home of Record move to ship his household goods to Portland, Oregon and has not been reimbursed for the cost of moving, to include moving his vehicles, lodging, and other travel expenses.  The Defense Finance and Accounting Services (DFAS) refuses to pay for the cost of his move from his last duty station to his present duty station because his orders are after the date of his actual move.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant separated from the Regular Air Force on 11 April 2015.  He transferred to the Air Force Reserve effective 18 May 2015; the date his appointment was approved by the Secretary of Defense (SecDef).

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:

HQ ARPC/DPAR recommends approval.  Due to a delay in processing of the nominee package at the SecDef level, the applicant incurred a break in service between his separation from active duty and his appointment into the 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 18 June 2015 in accordance with Air Force Instruction (AFI) 36-2005, Appointment In Commissioned 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 date of separation 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 to reflect a date of separation of 17 May 2015.  

The complete HQ ARPC/DPAR 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 8 March 2016 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 (OPR) and adopt its rationale as the basis for our conclusion that the break in service was not caused by the applicant and therefore his record should be corrected as indicated below.  With regard to the applicant’s contention that he was forced to use his sole home of record move for his relocation to Portland and was denied reimbursement, our review of the evidence provided reflects that his local finance office afforded him the opportunity to provide an amended order authorizing him to travel before he received orders in order to receive reimbursement.  However, the record is absent any supporting evidence indicating he exhausted this available avenue of relief.  The applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  	

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 on 11 April 2015, but on that date, he continued to serve on active duty until 17 May 2015, on which date he tendered his 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-2015-03765 in Executive Session on 9 August 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 was considered:

	Exhibit A.  DD Form 149, dated 26 August 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 30 December 2015, 
                 w/atch.
	Exhibit D.  Letter, AFBCMR, dated 8 March 2016.