RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01197

							COUNSEL: 

							HEARING: NO

APPLICANT REQUESTS THAT:

His 9-day break in service from 30 Jul 11 (sic) to 4 Oct 11 be eliminated.

APPLICANT CONTENDS THAT:

Through no fault of his own, due to a delay in processing the scroll at the Office of the Secretary of Defense (SECDEF), he unjustly incurred a break-in-service between his DOS from the Regular Air Force and the date he was gained into the Air Force Reserve.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a lieutenant colonel in the Air Force Reserve.  On 24 Sep 11, the applicant was furnished an honorable discharge.  On 5 Oct 11, under Reserve Order PC-00029, dated 12 Oct 11, the applicant was appointed as a Reserve of the Air Force.  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 recommended granting the application.  

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, 24 Sep 11, and appointment date into the Air Force Reserve, 5 Oct 11.  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.  DPAR recommend changing applicant’s DOS to 4 Oct 11, to align with the start of his appointment into the Air Force Reserve.

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 29 Dec 17 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. 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 that he was not released from active duty on 24 September 2011, but on that date, he continued to serve on active duty until 4 October 2011, on which date he 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 AFBCMR Docket Number BC-2017-01197 in Executive Session on 16 May 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 22 Feb 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, ARPC/DPAR, w/atch, dated 20 Nov 17.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 29 Dec 17.

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