RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05474

XXXXXXXXXXXXXX	COUNSEL: NONE 

  	HEARING: NO

APPLICANT REQUESTS THAT:

Her break in service following her separation from active duty and appointment in the Air Force Reserve be eliminated.  

Her selection for promotion to major while on active duty transfer to the Air Force Reserve.  

APPLICANT CONTENDS THAT:

Due to the delay in the processing of her scroll, her appointment in the Air Force Reserve was delayed and she incurred a break in service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a captain in the Air Force Reserve.  

The applicant entered the Regular Air Force on 29 Jun 13 and was discharged from active duty on 29 Jun 17.  

ARPC IMT 92, Appointment Order, Reserve Order PC-01126, dated 5 Sep 17, shows her appointment in the Air Force Reserve was approved by the Secretary of Defense (SecDef) on 19 Jul 17 and her 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 opinions at Exhibits C, F and G.  

AIR FORCE EVALUATION:

ARPC/DPAR recommends approval of the request to reflect no break in service.  ARPC has found 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 her DOS.   The applicant will be eligible for promotion to major by the CY19 Line and Nonline Major Promotion Board.  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 Jun 18 for comment (Exhibit D).   In her response, she states the advisory indicates she will meet the CY19 Line and Nonline Major Promotion Board.  However, she was previously selected for promotion to major while on active duty and was informed the promotion would take place as soon as she transitioned to the Reserve.  However, the promotion did not occur, due to the break in service.  She requests clarification whether once the break in service is amended, her promotion to major will transfer.  The applicant’s complete response is at Exhibit E.  

ADDITIONAL AIR FORCE EVALUATION:

ARPC/PB states the public release date of the board would need to be verified to ensure the applicant was still on active duty prior to her transfer to the Reserve to determine if the promotion will transfer.  Additionally, if the break in service is removed and the promotion can transfer to the Reserve, per AFI 36-2504, Officer Promotions and Selective Continuation, her promotion would be projected to 7 years-time in grade or 18 Jul 20.  The applicant can contact her command to request an accelerated promotion to major.  Under Reserve rules, the earliest DOR she can receive is 18 Jul 18.  The complete response 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 Jul 18 for comment (Exhibit G).   She requests clarification of the ARPC/PB evaluation that if the break in service is removed, then her last day on active duty is effectively 18 Jul 17 and if the public release date for her promotion to major was 18 Jul 17 or earlier, then her promotion is valid but it still will not transfer.  This conflicts with the information she previously received from AFRC and her commander who informed her that if her break in service was removed, her promotion to major would indeed transfer and take effect since she is occupying a major’s billet.  She would also like to verify the public release date of the board was 18 Jul 17. The complete response is at Exhibit H.  

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP3SP states USD (P&R) approved the results of the CY17B Major BSC on 16 Jun 17, which was prior to her adjusted DOS.  This is the date to determine if it is a valid Active Duty List (ADL) promotion, which transfers to the Reserve Active Status List (RASL).  The public release was 18 Jul 17 but this has no play in determining if a promotion can be transferred.  The complete response is at Exhibit I. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the additional Air Force evaluation to the applicant on 6 Aug 18 for comment (Exhibit J).    In an e-mail dated 7 Aug 18, the applicant acknowledged receipt of the additional Air Force evaluation.  

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 that the applicant’s break in service following her separation from active duty and appointment in the Air Force Reserve be eliminated.  However, we disagree with ARPC/DPAR that the applicant be considered for promotion by the CY19 Line and Nonline Major Promotion Board upon the elimination of her break in service.  We also disagree with ARPC/PB that the applicant’s promotion from the ADL to the RASL transfer based on the public release date of the CY17B Major BSC board.  In this respect, AFPC/DP3SP advised the correct date to determine if an ADL promotion transfers to the RASL is the date OUSD P&R approves the list.  Since the CY17B Major BSC board results were approved by OUSD P&R on 16 Jun 17 and the break in service  would result in the applicant being on active duty on this date, we recommend her promotion to major also transfer as a result of the elimination of the break in service.  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: 

           a. She was not released from active duty effective 29 Jun 17 but on that date, she was continued on active duty until 18 Jul 17, on which date she tendered her resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

            b.  Her promotion selection to major by the CY17B Major BSC Promotion Board transfer from the Active Duty List (ADL) to the Reserve Active Status List (RASL).   

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-2017-05474 in Executive Session on 4 Sep 18:

 , Panel Chair
 , Panel Member
 , Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 8 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Jun 18. 
Exhibit E:  Applicant’s response, dated 24 Jun 18.
Exhibit F thru K: Advisory opinions and applicant’s responses, dated 7 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.