RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00860

XXXX X. XXXX	COUNSEL: NONE
	
(aka) XXXX X. XXXX 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The break in service between her active duty separation and entry into the Air Force Reserve be eliminated.

APPLICANT’S CONTENTIONS

Through no fault of her own, the delay of getting her scroll approved by the Secretary of Defense created a break in her service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain (O-3).

On 3 Nov 17, the applicant was furnished an honorable discharge from the Regular Air Force. She was credited with 4 years, 7 months, and 29 days of active duty service.

On 31 Jan 18, according to Reserve Order XX-XXXXX, dated 25 Sep 19, 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, 3 Nov 17 and appointment date into the Air Force Reserve, 31 Jan 18.  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.  The applicant’s date of separation should be changed to 30 Jan 18, 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 15 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 she was not released from active duty on 3 Nov 17, but on that date, she continued to serve on active duty until 30 Jan 18, 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-2021-00860 in Executive Session on 27 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 21 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atchs, dated 14 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 Apr 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.