RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02022

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His break in service following Active Duty (AD) separation and commissioning into the United States Air Force Reserve (USAFR) be eliminated.  

APPLICANT CONTENDS THAT:

Due to no fault of his own, he was not scrolled prior to separation from AD through the Palace Front program.  This created an automatic break in service where it should have been a seamless transition into the USAFR.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve as a captain (0-3).  On 28 Jan 17, he separated from the Regular Air Force.  Effective 1 Mar 17, he was transferred to the USAFR, 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 application.  Due to a delay in processing of Nominee Package OSD001947 at the OSD level, the applicant incurred a break in service between his DOS and appointment into the Air Force Reserve.  Current policies do not allow for backdating oaths; however, SAF/GCM has determined that the Board does have 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 appointed in accordance with the OSD 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 21 Aug 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, the Board concludes 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 correcting the applicant’s records 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 the following:  his date of separation from active duty is 28 February 2017; his date of rank to O-3 is 1 October 2017; his pay date is 11 May 2012; his total federal commissioned service date is 11 May 2012; his total year service date is 11 May 2012.

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-2018-02022 in Executive Session on 7 Nov 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 24 May 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 18 Jul 18.
Exhibit D:	Letter, AFBCMR to applicant, dated 21 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.