RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02046

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His break in service be removed.

APPLICANT’S CONTENTIONS

Through no fault of his own, due to a delay in processing the scroll at the Office of the Secretary of Defense (SECDEF), he unjustly incurred a break-in-service between his DOS from the Regular Air Force and the date he was gained into the Air Force Reserve.  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 30 Jun 17, he was furnished an honorable discharge from the Regular Air Force.  On 20 Sep 17, under Reserve Order PC-00924, dated 20 Jun 19, 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 Nominee Package at the SECDEF level, the applicant incurred a break in service between applicant’s DOS from active duty, 30 Jun 17, and appointment date into the Air Force Reserve, 20 Sep 17.  Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR determined the AFBCMR has 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 SECDEF approves the appointment or the date the oath was administered, whichever is later.  DPAR recommend changing applicant’s DOS to 19 Sep 17, 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 3 Sep 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 the APPLICANT be corrected to show he was not released from active duty on 30 Jun 17, but on that date, he continued to serve on active duty until 19 Sep 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-2020-02046 in Executive Session on 27 Oct 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 1 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 20 Aug 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Sep 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings Docket Number BC-2020-02046, as required by AFI 36-2603, paragraph 4.11.9.