RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-00706

XXXXXXXXXXX					COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

Her break in service from 29 Sep 13 to 8 Dec 16 be eliminated, and her date of rank (DOR) be corrected.

APPLICANT CONTENDS THAT:

She was not scrolled during this time.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force Reserve captain.  On 29 Sep 13, the applicant was furnished an honorable discharge.  On 9 Dec 16, under Reserve Order PC-00850, dated 14 Jun 17, the applicant was appointed as a Reserve of the Air Force.  

Special Order JB-002087, dated 27 May 13, reflects the applicant was promoted to captain with a 27 May 13 DOR.  However, a current Military Personnel Data System (MILPDS) Single Uniform Retrieval Format (SURF) reflects a DOR of 6 Aug 16.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPAR recommends granting the application to change the applicant’s DOS to 8 Dec 16, to align with the start of her appointment into the Air Force Reserve.  

Due to a delay in processing the Nominee Package at the SECDEF level, the applicant incurred a break in service between applicant’s DOS from active duty, 29 Sep 13, and appointment date into the Air Force Reserve, 9 Dec 16.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR determined the AFBCMR has the authority to adjust the DOS for these 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.  

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 18 Jun 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  The Board concurs with ARPC/DPAR and finds that a preponderance of the evidence substantiates the applicant’s contentions.  By eliminating the break in service, the applicant’s DOR will be corrected accordingly.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was not released from active duty on 29 September 2013, but on that date, she continued to serve on active duty until 8 December 2016, on which date she tendered her resignation, was discharged from all Regular Air Force appointments, and was released from active duty.  

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2018-00706 in Executive Session on 7 Aug 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2018-00706:

Exhibit A:  Application, DD Form 149, w/atchs, dated 10 Feb 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, ARPC/DPAR, w/atch, dated 11 Apr 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 18 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.