RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00212

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The effective date of her service as an officer in the Air Force Reserve be adjusted from 14 Aug 19 to 11 Aug 19, in order to remove her break in service.

APPLICANT’S CONTENTIONS

She separated from the Regular Air Force on 10 Aug 19.  Her commission package with the Air Force Reserves was not sent to her for finalization until 13 Aug 19.  This delay caused a break in service and made her ineligible for benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving as a second lieutenant (O-1) in the Air Force Reserve.

On 22 Aug 06, the applicant entered the Regular Air Force and was honorably discharged on 10 Aug 19.  

On 14 Aug 19, under Reserve Order PC-00997, dated 5 Sep 19, 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 partially granting the application.  Due to a delay in processing the Nominee Package at the Secretary of Defense level, there was a break in service between the applicant’s date of separation from active duty (10 Aug 19), and her appointment date into the Air Force Reserve (14 Aug 19).  Current policy does not allow for backdating oaths; however, SAF/GCM (Air Force General Counsel) and the Board determined the Board has the authority to adjust the date of separation for these officers to prevent a break in service.  The Secretary of Defense 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.  ARPC/DPAR recommends changing the applicant’s date of separation to 13 Aug 19, to align with the start of her appointment into the Air Force Reserve.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 17 Jul 20, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The applicant requests the effective date of her appointment order be changed to 11 Aug 19 to remove her break in service; however, her appointment into the Air Force Reserve [effective 14 Aug 19] was approved by the Secretary of Defense.  Since current policy does not allow for backdating oaths, changing her date of separation from the Regular Air Force is a more fitting option.  Therefore, the Board concurs with ARPC/DPAR that the applicant’s record should be corrected to show that she was not separated from the Regular Air Force on 10 Aug 19, but continued to serve on active duty until 13 Aug 19, on which date she was discharged from the Regular Air Force.  In view of the foregoing, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show she was not released from active duty on 10 Aug 19, but on that date, she continued to serve on active duty until 13 Aug 19, on which date she tendered her resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2020-00212 in Executive Session on 2 Sep 20:

, 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 11 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 25 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 Jul 20.

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