RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00779

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His break in service following his separation from active duty and commissioning into the United States Air Force Reserve (USAFR) be removed.

APPLICANT CONTENDS THAT:

His break in service between his date of separation (DOS) from the Regular Air Force to his appointment date in the USAFR was not due to any fault of his own, but due to delay in the scrolling process and this error is holding up his Officer Affiliation Bonus.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air Force captain (0-3).  

On 23 November 2013, the applicant separated from the Regular Air Force.  He transferred to the Air Force Reserve effective 22 March 2016, the date his appointment was approved by the Office of Secretary of Defense (OSD).  

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 applicant’s date of separation to reflect 19 January 2016.  Due to a delay in processing of Nominee Package AFRC SCROLL ID 610 at SECDEF level, the applicant incurred a break in service between applicant’s DOS and appointment date into the Air Force Reserve.  

In accordance with Deputy Secretary of Defense Memo, dated 2 May 2005, all military officer appointments under Section 12203 of Title 10, United States Code, not previously approved by 30 June 2005, shall be submitted to the Secretary of Defense.

An appointment order was issued, PC-00538, on 22 March 2016, (Atch1) in accordance with AFI 36-2205, Officer Accessions.

Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR has determined that 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 Secretary of Defense approves the appointment or the date the oath was administered, whichever is later.  The applicant was granted appointment in accordance with the Office of Secretary of Defense directive.

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 June 2018 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 error and 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 he was not released from active duty on 23 November 2013, but on that date, he continued to serve on active duty until 19 January 2016, on which date he tendered his 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-2018-00779 in Executive Session on 7 August 2018:

, 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 4 February 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 8 June 2018.
Exhibit D:	Letter, AFBCMR to applicant, dated 20 June 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.