RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-03733

							COUNSEL: NONE
	
							HEARING: NO

APPLICANT REQUESTS THAT:

Her break in service between date of separation (DOS) from the Regular Air Force and entry into the Air Force Reserve, be eliminated and her service dates be adjusted.

APPLICANT CONTENDS THAT:

The delay in the approval of her scroll in 2006 caused her to incur a break-in-service between her DOS (3 Dec 05) and the date she was gained into the Air Force Reserve.  She was not aware of the scrolling issue until she began her Voluntary Limited Period of Active Duty (VLPAD) tour in Aug 16.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a colonel in the Air Force Reserve.  

On 12 Apr 06, under Reserve Order PC-00211, dated 5 May 06, 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 advisories at Exhibits C and F.

AIR FORCE EVALUATION:

ARPC/DPAR recommends 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, 3 Dec 05, and appointment date into the Air Force Reserve, 12 Apr 06.  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.  DPARE recommend changing applicant’s DOS to 11 Apr 06, to align with the start of her appointment into the Air Force Reserve and adjust her 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 2 Jan 18 for comment (Exhibit D), and the applicant replied on 17 Jan 18.  The applicant contended there was an error in the recalculation of her pay date and total federal commissioned service date (TFCSD), which should both reflect May 95.  The applicant’s complete response is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

In a revised advisory, ARPC/DPAR indicated the applicant’s pay date, TFCSD, and total year service date (TYSD) would be changed to 12 May 95 as requested, should the Board grant the applicant’s request for elimination of her break in service.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the additional Air Force evaluation to the applicant on 3 Apr 18 for comment (Exhibit G), 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.  Additionally we note that ARPC/DPAR indicates that upon correction of her break in service, the applicant’s TFCSD and TYSD would be corrected to 12 May 95 as requested.  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 she was not released from active duty on 3 December 2005, but on that date, she continued to serve on active duty until 11 April 2006, 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 Docket Number BC-2017-03733 in Executive Session on 8 May 18:

, Panel Chair
, Member
, Member

All members voted to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-03733:

Exhibit A:  Application, DD Form 149, w/atchs, dated 17 Jul 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory Opinion, ARPC/DPAR, w/atch, dated 4 Dec 17.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 2 Jan 18.
Exhibit E:  Applicant’s Response, dated 17 Jan 18.
Exhibit F:  Updated Advisory Opinion, ARPC/DPAR, w/atch, dated 8 Mar 18.
Exhibit G:  Notification of Advisory, SAF/MRBC to applicant, dated 3 Apr 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.