RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00650

XXXXXXXXXXXXX	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 and her date of rank (DOR) for captain be corrected.  

APPLICANT CONTENDS THAT:

She was advised by ARPC she was not scrolled in a timely manner through no fault of her own and she should request her break in service be eliminated and her DOR be corrected to 2 May 11.  
She provides documentation to show she participated and was paid for muster duty in 2014 and 2016.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a captain in the Air National Guard.  

The applicant entered the Regular Air Force on 30 May 07 and was discharged from active duty on 30 Nov 11.

Her DD Form 214, Certificate of Release or Discharge from Active Duty, shows she was  transferred to the ANG, State of Oregon with a reserve obligation (RSO) termination date of 4 Apr 15.  

ARPC IMT 92, Appointment Order, Reserve Order PC-00287, dated 17 Dec 15, shows her appointment was approved by the Secretary of Defense (SecDef) on 29 Oct 15 and her service dates and DOR were adjusted for the break in service.   

The military personnel data system (MILPDS) shows her DOR for captain is 1 Apr 15.  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 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), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 she was not released from active duty effective 30 Nov 11 but on that date, she was continued on active duty until 28 Oct 15, 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-2018-00650 in Executive Session on 13 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2018-00650:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 16 Apr 18. 
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 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.