RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03773

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His entry date into the Air National Guard (ANG) be corrected to remove a break in service.

APPLICANT’S CONTENTIONS

He applied Palace Front into the ANG to prevent a break in service.  The medical doctor delayed the signing of his AF 1288, Application for Ready Reserve Assignment, before his separation from active duty on 1 Aug 21.  The reason for the medical approval delay was the doctor felt he would not pass a fitness assessment.  Even though, he was cleared by his DD Form 422, Notification of Air Force Member’s Qualification Status.  Due to COVID-19, fitness assessments were canceled until Jul 21, and he was already on house hunting leave.  His recruiter informed him his medical clearance was approved Jun 21 however, when he arrived to his new ANG location he was told otherwise.  The delay in the signing of his AF 1288 caused him to incur a break in service.  He was not on a medical waiver, and the regulation does not state he had to have a fitness assessment on every component.  He met all the requirements for transitioning from active duty to the ANG.  The delay was not due to his own actions but the actions of other agencies associated to his transition into the ANG.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard (ANG) staff sergeant (E-5).

On 25 Mar 21, according to AF 1288, Application for Ready Reserve Assignment, provided by the applicant, he applied for a Ready Reserve position.  Additionally, on 17 May 21, the in service recruiter signed the first endorsement.  The second and third endorsement was completed on 4 Aug 21.  The third endorsement states, “Member Enlisted 02 Aug 2021”, in the remarks section.

On 1 Aug 21, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant completed 11 years, 4 months, and 9 days of active service.

On 3 Aug 21, the applicant’s Report on Individual Personnel (RIP) reflects his Date Initial Entry Reserve Forces (DIERF).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB/A1PP recommends granting the application.  The applicant’s AF 1288 was signed by the In-Service Recruiter (ISR) on 17 May 21, however, medical did not sign until 4 Aug 21. The Force Support Squadron (FSS) erroneously annotated on the AF 1288 that the applicant’s date of enlistment (DOE) was effective 02 Aug 21.  In an incident ticket from myPers, the Palace Front office stated on 23 Aug 21, that they have been in communication with the ANG and the applicants unit should have been notified that he was not a Palace Front as his AF 1288 was not submitted to their office prior to his Date of Separation (DOS).  Due to not receiving the AF 1288 the applicant incurred a break in service and his orders would not be amended.  The applicant provided an AF Form 422 which was signed off from Regular Air Force (RegAF) on 18 May 21 and given to the recruiter.  The applicant received a DD Form 214 from RegAF with a date of discharge of 01 Aug 21. The applicants date of enlistment in the ANG was effective 03Aug 21.

Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice. The applicant provided all pertinent documents to the Air Reserve Component recruiter IAW AFI 36-3205, Applying for the Palace Chase and Palace Front Programs, para 2.3.  The AF Form 422 and AF 1288 were provided in a timely manner based on the dates the documents were signed and would have given ample time for the gaining medical group to provide approval in order for the applicant to enlist in the ANG prior to his DOS from RegAF.  The AF 1288 would have been submitted to the Palace Front office to amend the AF Form 100, Request and Authorization for Separation, and the applicant would not have incurred a break in service.

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 Feb 22 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 NGB/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions.  Specifically, the Board notes the AF Form 422 and AF 1288 were provided in a timely manner based on the dates the documents were signed and would have given ample time for the gaining medical group to provide approval in order for the applicant to enlist in the ANG prior to his DOS from RegAF.  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 1 Aug 21, but on that date, he continued to serve on active duty until 2 Aug 21.

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-2021-03773 in Executive Session on 19 Apr 22:

, 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 7 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, w/atch, dated 20 Jan 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Feb 22.

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.