RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00616

XXXXXXXXXXXXXX	COUNSEL:  NONE

HEARING REQUESTED: NO

APPLICANT’S REQUEST

His break in service between his active duty separation and entry into the Air Force Reserve (AFR) be eliminated.

APPLICANT’S CONTENTIONS

Through no fault of his own, the delay of getting his scroll approved by the Secretary of Defense (SECDEF) created a break in his service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain (Capt/O-3).

The applicant was commissioned in the Regular Air Force on 1 June 2016.

The applicants DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his resignation from active duty on 25 June 2017, reflects he was released from active duty and transferred to the AFR, with a Reserve Obligation Termination Date of 24 July 2020, in the grade of captain. He was credited with 1 year and 25 days of active duty service.

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. In accordance with (IAW) the Deputy Secretary of Defense (SECDEF) memo, dated 2 May 2005, military officer appointments under Title 10, §12203, United States Code, not previously approved by 30 June 2005, shall be submitted to the SECDEF. The applicant’s appointment order PC-00962, dated 27 June 2019, was issued IAW AFI 36-2005, Officer Accessions, dated 2 August 2017.

On 25 June 2017, the applicant was discharged from the Air Force, and, on 20 September 2017, his appointment was approved by the Office of the Secretary of Defense (OSD) and he accepted a commission in the AFR.
Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the Board has the authority to adjust the date of separation (DOS) for these officers to prevent a break in service. OSD General Counsel determined the appointment date is the date the OSD approved the appointment or the date the oath was administered, whichever is later.

ARPC found no administrative error and concludes the break in service was at no fault of the applicant.

The complete advisory opinion, with attachment 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 5 May 2020 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 Board concurs with the rationale and recommendation of ARPC/DPAR and finds a preponderance of the evidence substantiates the applicant’s contentions. Therefore, 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 the APPLICANT be corrected to show that he was not released from the Air Force on 25 June 2017, but on that date, he was continued on active duty until 19 September 2017, on which date he 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-2020-00616 in Executive Session on 30 June 2020:

, 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 27 January 2020.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, ARPC/DPAR, w/atch, dated 24 April 2020.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 5 May 2020.

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.