RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-00659

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

Her break in service from 15 May 15 to 3 Aug 15 be eliminated.

APPLICANT CONTENDS THAT:

She unjustly incurred a break-in-service between her DOS from the Regular Air Force and the date she was gained into the Air Force Reserve.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force Reserve major.  On 15 May 15, the applicant was furnished an honorable discharge.  On 3 Aug 15, under Reserve Order PC-00155, dated 18 Nov 15, 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 advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPAR recommends granting the application.  DPAR recommends changing applicant’s DOS to 2 Aug 15, to align with the start of her appointment into the Air Force Reserve.

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, 15 May 15, and appointment date into the Air Force Reserve, 3 Aug 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.  DPAR recommend changing applicant’s DOS to 2 Aug 15, to align with the start of her appointment into the Air Force Reserve.

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 25 Jul 18 for comment (Exhibit D), 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.  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 15 May 2015, but on that date, she continued to serve on active duty until 2 August 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-2018-00659 in Executive Session on 28 Aug 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 14 Feb 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, ARPC/DPAR, w/atch, dated 25 Jun 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 25 Jul 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 AFBCMR Docket Number BC-2018-00659.