RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00918
XXXXXXXXXXXXXX	COUNSEL:  NONE
HEARING REQUESTED: NO

APPLICANT’S REQUEST
The 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 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 major (O-4).
On 27 March 2007, according to AF IMT 133, Oath of Office (Military Personnel) the applicant was appointed a second lieutenant (O-1) in the Reserve of the Air Force.
On 6 June 2011, the applicant was commissioned in the Regular Air Force.
On 9 May 2017, per Special Order JB-01669, dated 9 May 2017, the applicant was promoted to the grade of major.

On 30 June 2017, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant resigned from the Air Force and was credited with 6 years and 25 days of active duty service.

On 27 June 2019, according AF IMT 766, Extended Active Duty (EAD) Order, dated 4 June 2019, the applicant was ordered on EAD.

On 14 July 2017, according to Reserve Order PC-00958 dated 27 July 2017, the applicant was appointed a major in the 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. Due to a delay in processing the Nominee Package at the Secretary of Defense level, the applicant incurred a break in service between his date of separation from active duty, 30 June 2017 and appointment date into the Air Force Reserve, 14 July 2017. Current policy does not allow for backdating oaths; however, SAF/GCM (Air Force General Counsel) 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 applicant’s date of separation to 13 July 2017, to align with the start of his 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 31 October 2020 for comment (Exhibit D), and the applicant replied on 2 November 2020. In his response, the applicant contended he has no additional information to provide. The applicant’s complete response is at Exhibit E.
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 APPLICANT be corrected to show that he was not released from the Air Force on 30 June 2017, but on that date, he was continued on active duty until 13 June 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-2020-00918 in Executive Session on 19 November 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 17 February 2020.
Exhibit B: Documentary evidence, including relevant excerpts from official records.
Exhibit C: Advisory opinion, ARPC/DPAR, w/atch, dated 5 June 2020.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 31 October 2020. Exhibit E: Applicant’s response, dated 2 November 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.