RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00208

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The break in service between her active duty separation and entry into the Air National Guard (ANG) be eliminated.

APPLICANT’S CONTENTIONS

Through no fault of her own, the delay in getting her transfer approved by the State created a break in her service.  She took the oath of office as soon as the paperwork was ready.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving ANG major (O-4).

On 31 Jul 19, the applicant was furnished an honorable discharge from the Regular Air Force.  She was credited with 5 years, 6 months, and 19 days of active duty service.

On 23 Aug 19, according to Special Order XXXX, dated 29 May 20, the applicant was appointed to the ANG.

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

AIR FORCE EVALUATION

NGB/A1PO recommends granting the application.  Temporary approval was granted with all her service dates from the Regular Air Force showing no break in service.  The Judge Advocate General (TJAG) is the final selection and approval authority for all judge advocate accession programs.  The TJAG granted approval for the applicant transitioning to the ANG prior to her separation date on 31 Jul 19.  The delay in the processing and submission of the accession package was not the fault of the applicant.  

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 21 Jul 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 NGB/A1PO 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 31 Jul 19, but on that date she continued to serve on active duty until 22 Aug 19, 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-2021-00208 in Executive Session on 26 Aug 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 2 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, atch, dated 16 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Jul 21.

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.