RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-01804 

						COUNSEL: 

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His break in service between Date of Separation (DOS) from the Regular Air Force and entry into the Air Force Reserve, be eliminated, and the subsequent change to his Pay Date be corrected to reflect the original 1 Jun 03 date.  

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 DOS from the Regular Air Force and the date he was gained into the Air Force Reserve.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 Jun 03.

On 30 Jun 16, the applicant was furnished an honorable discharge, and was credited with 13 years, and 28 days of active service.  

On 18 Jul 16, under Reserve Order PC-00920, dated 26 Aug 16, the applicant was appointed as a Reserve of the Air Force.

Military personnel records confirm his original Pay Date was 1 Jun 03, and his current Pay Date is 18 Jun 03. 

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

ARPC/DPAR recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  Recommend changing applicant’s DOS to 17 Jul 16, to align with the start of his appointment into the Air Force Reserve.  This will also correct the applicant’s Pay Date to 1 Jun 03.

Due to a delay in processing of Nominee Package 20160416 AFRC-1 at SECDEF level, the applicant incurred a break in service between applicant’s DOS from active duty, 30 Jun 16, and appointment date into the Air Force Reserve, 18 Jul 16.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have 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.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Dec 17 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 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 and adopt its rationale as the basis for our conclusion that relief should be granted.  Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the relief recommended by ARPC/DPAR.  Therefore, we recommend the applicant’s records be corrected to the extent 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 he was not released from active duty on 30 June 2016, but on that date, he continued to serve on active duty until 17 July 2016, 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-2017-01804 in Executive Session on 20 Feb 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-01804 was considered:

	Exhibit A.  DD Form 149, w/atchs, 1 Apr 17.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Advisory, ARPC/DPAR, 4 Dec 17.
	Exhibit D.  Letter, AFBCMR, 13 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.