RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00854

	COUNSEL:  NONE	 

  	HEARING: NO	 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Through no fault of his own, he was not scrolled prior to his separation from active duty on 29 Sep 14.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a captain in the Air Force Reserve.  

The applicant entered the Regular Air Force on 11 Feb 05 and was released from active duty on 29 Sep 14.  

ARPC IMT 92, Appointment Order, Reserve Order PC-00644, dated 23 May 16, shows his appointment in the Air Force Reserve was approved by the Secretary of Defense (SecDef) on 15 Apr 16 and his service dates were adjusted for the break in service.  

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

AIR FORCE EVALUATION:

ARPC/DPAR recommends denial.  ARPC has determined the break in service was no fault of the applicant.  However, the cause was not a simple delay in the scrolling process but rather an improper transfer of the applicant from the Regular Air Force to the Air Force Reserve.  In the applicant’s case, adjusting the date of separation (DOS) from the Regular Air Force to the day prior to the SecDef approval into the AFR will entitle him to 564 days of active duty points he did not earn.  Instead, ARPC recommends the applicant seek recourse via the scroll ratification process.  The ratification process is the mechanism for seeking retroactive approval for entry into the Air Force Reserve from the SecDef.  The complete advisory is at Exhibit C.

ARPC/DPAR rendered an additional advisory superseding their initial evaluation recommending approval of the request to reflect no break in service.  ARPC has found no administrative error and concludes the break in service was due to no fault of the applicant.  Therefore, the break in service should be eliminated in accordance with the SAF/GCM policy granting the Board the authority to adjust his DOS.   The complete advisory is at Exhibit D.   

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 8 May 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

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 error or injustice.  The Board concurs with the rationale and recommendation of the revised ARPC/DPAR evaluation recommending approval of the applicant’s request and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 was not released from active duty effective 29 Sep 14 but on that date, he was continued on active duty until 14 Apr 16, on which date he tendered his 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-2017-00854 in Executive Session on 12 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-00854:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 31 Jan 18.
Exhibit D: Advisory opinion, ARPC/DPAR, dated 8 Mar 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 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.