RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03629

XXXXXXXXXXXXXX	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.  

His service dates and date of rank (DOR) be corrected to reflect no break in service.  

APPLICANT CONTENDS THAT:

He timely applied for a position in the Reserves when he applied for separation from active duty.  His application required the approval of the judge advocate general (TJAG), which was delayed due to administrative reasons.  As a result, his scroll was not approved until 21 Aug 14 and he incurred a 20 day break in service.  The break in service was not caused by his own fault. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a major in the Air National Guard.

The applicant entered the Regular Air Force on 9 Jan 10 and was discharged from active duty on     31 Jul 14.

ARPC IMT 92, Appointment Order, Reserve Order PC- 01342 dated 23 Sep 14, shows his appointment was approved by the Secretary of Defense (SecDef) on 21 Aug 14 and his DOR and 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 at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPAR recommends approval of the request to reflect no break in service.  ARPC finds 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 extension of the applicant’s DOS for elimination of break in service will correct his DOR and service dates as listed.  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 20 Aug 18 for comment (Exhibit D), 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 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 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 31 Jul 14 but on that date, he was continued on active duty until 20 Aug 14, 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-2017-03629 in Executive Session on 2 Oct 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-03629:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atch, dated 4 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Aug 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