RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02224

							COUNSEL: 

							HEARING: NO

APPLICANT REQUESTS THAT:

Her date of entry into the Air Force Reserve be changed to 17 Feb 16 to eliminate the 18-day break in service between her date of separation (DOS) from the Regular Air Force and entry into the Air Force Reserve.

APPLICANT CONTENDS THAT:

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

STATEMENT OF FACTS:

The applicant is currently serving as a captain in the Air Force Reserve, with an indefinite obligation.  On 16 Feb 16, the applicant was furnished an honorable discharge.  On 7 Apr 16, under Reserve Order PC-00626, dated 11 May 16, 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, 16 Feb 16, and appointment date into the Air Force Reserve, 7 Apr 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.  Recommend changing applicant’s DOS to 6 Apr 16, to align with the start of her 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 8 Mar 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.  While this is not the relief the applicant seeks, this Board is without authority to adjust appointment dates of commissioned officers.  In this respect, we note commissioned officers are appointed by virtue of the authority of the Secretary of Defense, which cannot be delegated.  As such, neither the Secretary of the Air Force, nor this Board acting on the Secretary’s behalf, has the authority to adjust the appointment of a commissioned officer.  Therefore, the Board recommends the applicant’s records be corrected to the extent 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 16 February 2016, but on that date, she continued to serve on active duty until 6 April 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 AFBCMR Docket Number BC-2017-02224 in Executive Session on 25 Apr 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 14 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Mar 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 for AFBCMR Docket Number BC-2017-02224.