RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03917
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her break in service following her separation from active duty and appointment in the Air Force Reserve be eliminated.

Her appointment in the Air Force Reserve be amended to reflect 19 Aug 13, the date she was administered her oath, instead of 31 Jul 13 when her scroll was approved.    

On 21 Sep 17, she amended her request that her date of rank (DOR) for promotion to the grade of major (O-4) be changed from 21 Jun 15 to 31 May 2015, instead of 13 May 15 as requested in her initial application.      

APPLICANT CONTENDS THAT:

She completed the requirement to transfer to the Air Force Reserve from active duty in a timely manner.  She was scrolled by her in-service recruiter on 28 Feb 13, more than four months prior to her separation from active duty on 10 Jul 13.  Due to a delay in the processing of the scroll at the Secretary of Defense level, her Reserve appointment was not approved until 31 Jul 13.  

In accordance with the Secretary of Defense General Counsel policy,   she requests her entry date in the Air Force Reserve be 19 Aug 13. This is the date of her oath which is later than her appointment date of 31 Jul 13. 

Her DOR for promotion to the grade of major under the Promotion Vacancy (PV) program should be adjusted to 13 May 15 based on the time in grade criteria for promotion and her original DOR for the grade of captain (O-3).

There is precedent to grant her request.  In BC-2013-05291, the Board granted the applicant’s requests that her break in service be eliminated and her service dates be corrected to the original dates.  

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve currently serving in the grade of major.  

On 1 Jun 06, she entered the Regular Air Force and was discharged on 10 Jul 13.  She was credited with 7 years, 1 month and 10 days of active duty service.

ARPC IMT 92, Appointment Order, Reserve Order PC-00190 dated 25 Nov 13, shows she was appointed as a Reserve of the Air Force officer on 31 Jul 13.  Her service dates and DOR were adjusted to reflect the break in service. 

The applicant’s AF Form 133, Oath of Office (Military Personnel), reflects she was administered her oath of office on 19 Aug 13.  

Per Reserve Order BA-14623 dated 8 May 15, she was promoted to the grade of major in the Reserve of the Air Force with DOR and effective date of 21 Jun 15. 

She provides a copy of ARPC/PB memorandum, Release Instructions CY15 Air Force Reserve Line and Non-line Major Promotion Selection Boards-V0415A, W0415A, U0415A, dated 27 Mar 15, which states the promotion effective date and DOR for PV selections will be the date the officers complete the required five years’ time in grade, public release of the results or signature of the approval authority, whichever is later. 

DODI 1310.02, Original Appointment of Officers, Enclosure 4, Original Appointments, states officers transferred from the Active Duty List (ADL) to the Reserve Active Status List (RASL) of the same Military Service are not required to take the oath of office.  

In BC-2013-05291, the Board granted the applicant’s requests that her break in service following her discharge from the Regular Air Force and appointment in the Air Force Reserve be eliminated and her service dates be adjusted to reflect the original dates.  The Board corrected the applicant’s records by extending her DOS from active duty to the date preceding approval of her appointment by the Secretary of Defense.  

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 F.

AIR FORCE EVALUATION:

APRC/DPAR recommends approval of the request to eliminate her break in service.  There is no administrative error and the break in service was due to no fault of the applicant.  Due to a delay in the processing of the applicant’s appointment package at the Secretary of Defense level, she incurred a break in service between her DOS from active duty and appointment in the Air Force Reserve.  If the Board agrees with the ARPC recommendation, the applicant’s DOS from active duty would be corrected to reflect she separated on 30 Jul 13 and her service dates would be corrected to reflect there was no break in service.   

Current policies do not allow for backdating oaths; however, the Secretary of the Air Force General Counsel Military law (SAF/GCM) and the Board determined that the Board has the authority to adjust the DOS for these officers to prevent a break in service.  The Office of the Secretary of Defense General Counsel (OSD/GC) 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 OSD directive.

DPAR states the applicant correctly met the first Reserve of the Air Force promotion board for which she was eligible.  The applicant was selected for promotion to the grade of major with a DOR of 21 Jun 15 by the CY15 PV Major Promotion Board.  She will be eligible for promotion consideration to the grade of lieutenant colonel (O-5) by the CY21 Line and Non-line Lieutenant Colonel Promotion Board, tentatively scheduled for Jun 21.  

A complete copy of the ARPC/DPAR evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She requests her DOS from the Regular Air Force be adjusted to 18 Aug 13 and her appointment in the Air Force Reserve reflect as 19 Aug 13, as this is the later date between her appointment date of 31 Jul 13 and her oath date of 19 Aug 13.  The advisory opinion states the adjusted appointment date to prevent a break in service is the later date between the date the Secretary of Defense approves the appointment and the date the oath was administered.  

Her DOR to the grade of captain should be adjusted to 31 May 10.  This was her DOR at the time of her separation from active duty.  In view of this, her DOR for promotion to the grade of major should be adjusted to 31 May 15, instead of 21 June 15.  This would have been her DOR had she not incurred a break in service.  This is in accordance with AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, Table 5.2, and Selection Board Results dated 27 Mar 15.

The applicant’s complete submission is at Exhibit E.  

ADDITIONAL AIR FORCE EVALUATION:

In a revised evaluation, ARPC/DPAR recommends approval of the applicant’s requests.  
There was no administrative error and the break in service was due to no fault of the applicant.  DPAR therefore advises the implementation of the SAF/GCM advisory granting the AFBCMR authority to adjust the DOS.  If the AFBCMR agrees, the applicant’s records should be corrected to reflect her DOS from active duty was 18 Aug 13.  The applicant’s DOR for the grade of captain would be corrected to the original date of 31 May 10.  The applicant’s ARPC IMT 92 would be rescinded and reissued to reflect the correct service dates. 
The applicant correctly met the first Reserve of the Air Force board for which she was eligible and was selected for promotion to the grade of major.  ARPC promotions can update the applicant’s DOR for promotion to the grade of major as requested. 
A complete copy of the ARPC/DPAR evaluation is at Exhibit F. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 28 Dec 17 for review and comment within 30 days (Exhibit G).  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 in the additional evaluation by the Air Force office of primary responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant’s records be corrected as indicated below.   

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

     a. She was not released from active duty effective 10 Jul 13 but on that date, she was continued on active duty until 18 Aug 13, on which date she tendered her resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

     b. Her ARPC IMT 92, Appointment Order, PC-00190, dated 25 Nov 13, be rescinded and she be issued a new ARPC IMT 92 to reflect her date of appointment and assignment in the Air Force Reserve is 19 Aug 13, instead of 31 Jul 13.

     c. Her Reserve Order, BA-14623, dated 8 May 15 be amended to reflect her date of rank and effective date for promotion to the grade of major (O-4) is 31 May 2015, instead of 21 Jun 15.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03917 in Executive Session on 13 Feb 18 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-2016-03917 was considered:

	Exhibit A.  DD Form 149, dated 19 Sep 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, ARPC/DPAR, dated 19 Jan 17.
	Exhibit D.  Letter, AFBCMR, dated 25 Aug 17. 
	Exhibit E.  Letter, Applicant, dated 21 Sep 17.  
	Exhibit F.  Memorandum, ARPC/DPAR, dated 19 Dec 17.
	Exhibit G.  Letter, AFBCMR, dated 28 Dec 17.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.