RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00267

XXXXXXXXXXXX	COUNSEL:  XXXXXXXXX
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

Her Reserve start date be adjusted from 3 Jun 15 to 1 Jun 15 to eliminate her break in service and her date of rank be corrected to reflect 26 May 2014 rather than 28 May 2014.

APPLICANT CONTENDS THAT:

She began the Reserve accession process in Feb 15.  Through no fault of her own, a backlog of scroll approvals caused a delay in her gain to the Air Force Reserve.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air Force Reserve Captain.  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 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, 31 May 15, and appointment date into the Air Force Reserve, 3 Jun 15.  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 19 Jun 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 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 DOR would be corrected to 26 May 14 as requested.  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 she was not released from active duty on 31 May 2015, but on that date, she continued to serve on active duty until 2 June 2015, 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-2018-00267 in Executive Session on 24 Jul 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 8 Jan 18.
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 19 Jun 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, regarding Docket Number BC-2018-00267.