RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04472

XXXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His date of rank (DOR) be corrected to 1 Oct 10 instead of 25 Sep 11, reflecting a break in service of 183 days instead of 540 days.

APPLICANT CONTENDS THAT:

He was verbally hired in Jun 13, began application paperwork with the Air Force (AF) Academy the same month, and initiated inprocessing paperwork with the AF Reserve in Jul 13.  It took almost an entire year to be officially gained, resulting in a total break in service of 540 days, much of which was waiting for paperwork to be approved/processed by the AF Reserve.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force Reserve major.  

On 5 Feb 13, the applicant was discharged from the Regular AF.  On 30 Jul 14, under Reserve Order PC-00803, dated 12 Aug 14, the applicant was appointed as a Reserve of the Air Force.  

DD Form 214, Certificate of Release or Discharge from Active Duty, issued 5 Feb 13, Item 6, indicates the applicant had no reserve obligation, which would not require transfer to the AF Reserve.

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 denying the application.  

On 13 Jun 16, Appointment Order PA-00803 was amended by PA-00449, and corrected the applicant’s DOR to major, from 28 Feb 12 to 25 Sep 11, based on the 540 day break in service.

The Office of the Secretary of Defense (OSD) General Counsel determined the appointment date is the date the Secretary of Defense approves the appointment or the date the oath was administered, whichever is later.  The applicant was correctly discharged from the Regular AF on 5 Feb 13, and correctly appointed to the AF Reserve on 30 Jul 14, with a resultant 540 day break in service.  

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 Apr 18 for comment (Exhibit D), and the applicant replied on 11 Apr 18.  The applicant contended that two automated processes failed, one of which was the calculation made to determine his new DOR, which he corrected on his own.  The second failure occurred when he transitioned out of active duty and should have been assigned to the Individual Ready Reserve (IRR).  The applicant’s complete response is at Exhibit E.

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 to include the applicant’s rebuttal, it is the Board’s opinion that the applicant is not 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 does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-04472 in Executive Session on 10 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-04472:

Exhibit A:  Application, DD Form 149, w/atchs, dated 5 Oct 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, ARPC/DPAR, w/atchs, dated 7 Mar 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 2 Apr 18.
Exhibit E:  Applicant’s response, dated 11 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.