RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00181

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The break in service between her date of separation from the Regular Air Force and her entry into the Air Force Reserve be eliminated.

APPLICANT’S CONTENTIONS

Through no fault of her own, due to a delay in processing the scroll at the Office of the Secretary of Defense, she unjustly incurred a break-in-service between her date of separation from the Regular Air Force and the date she was gained into the Air Force Reserve.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve major (O-4).

On 8 Jun 14, she was furnished an honorable discharge from the Regular Air Force.  

On 7 Jul 14, under Reserve Order PC-01219, dated 4 Sep 14, the applicant 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 Secretary of Defense level, the applicant incurred a break in service between her date of separation from active duty, 8 Jun 14, and appointment date into the Air Force Reserve, 7 Jul 14.  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 6 Jul 14, to align with the start of her 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 25 Mar 21 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 she was not released from active duty on 8 Jun 14, but on that date, she continued to serve on active duty until 6 Jul 14, on which date she tendered her 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-2021-00181 in Executive Session on 22 Apr 21:

, 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 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atchs, dated 12 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 25 Mar 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2021-00181, as required by AFI 36-2603, paragraph 4.11.9.