RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01076

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His break in service be eliminated.

APPLICANT’S CONTENTIONS

Through no fault of his own, due to a delay in processing the scroll, he incurred a break in service between his date of separation (DOS) from the Regular Air Force (29 Jun 17) and the date he was gained into the Air Force Reserve (14 Jul 17).  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving as an Air Force Reserve captain (O-3).  On 29 Jun 17, he was furnished an honorable discharge.  On 14 Jul 17, under Reserve Order PC-00999, dated 8 Aug 17, he 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 granting the application.  Due to a delay in processing the applicant’s Nominee Package at the Secretary of Defense level, he incurred a break in service between his  DOS from active duty, 29 Jun 17, and appointment date into the Air Force Reserve, 14 Jul 17.  Current policy does not allow for backdating oaths; however, SAF/GCM determined the Board has the authority to adjust the DOS for these officers to prevent a break in service. 

The complete advisory opinion, with attachment, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 May 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 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 he was not released from active duty on 29 Jun 17, but on that date, he continued to serve on active duty until 13 Jul 17, 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-2020-01076 in Executive Session on 23 Jul 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, dated 27 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atch, dated 13 May 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-01076, as required by AFI 36-2603, paragraph 4.11.9.