RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00300

xxxxxxxx	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His dates of rank (DOR) to major (O-4) and lieutenant colonel (O-5) be corrected, to 7 May 12 and 7 May 19, respectively.

APPLICANT’S CONTENTIONS

His last day of active duty was 30 Jun 12.  On 1 Jul 12, he signed his AF Form 133, Oath of Office, for appointment in the Air Force Reserve.  However, the date was subsequently whited out and changed, and the original AF Form 133 was removed from his file.  This date change caused an erroneous break in service, which affected his DOR.  His DOR to major was changed from 7 May 12 to 9 Jun 12.  His DOR to lieutenant colonel should be 7 May 19, instead of 9 Jun 19.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve lieutenant colonel (O-5).

On 7 May 12, in accordance with Special Order JB-001778, dated 7 May 12, the applicant was promoted to major.

On 30 Jun 12, the applicant was honorably discharged from the Regular Air Force.

On 3 Aug 12, under Reserve Order PC-00249, dated 12 Dec 18, the applicant was appointed as a Reserve of the Air Force.

On 9 Jun 19, in accordance with Reserve Order ROBA-190698, dated 1 Jun 19, he was promoted to lieutenant colonel.

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 his date of separation (DOS) from active duty, 30 Jun 12, and appointment date into the Air Force Reserve, 3 Aug 12.  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 Secretary of Defense approves the appointment or the date the oath was administered, whichever is later.  They recommend changing applicant’s DOS to 2 Aug 12, to align with the start of his appointment into the Air Force Reserve.  Subsequently, with the removal of his break in service, his DOR to major would be updated to 7 May 12, and DOR to lieutenant colonel would be updated to 7 May 19.  

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 6 Apr 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 he was not released from active duty on 30 Jun 12, but on that date, he continued to serve on active duty until 2 Aug 12, 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-2021-00300 in Executive Session on 5 May 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 20 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atchs, dated 18 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 Apr 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2021-00300, as required by AFI 36-2603, paragraph 4.11.9.