RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01203

XXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The break in service following her separation from active duty and appointment in the Air Force Reserve be eliminated.

APPLICANT’S CONTENTIONS

Through no fault of her own, she was scrolled after her date of separation (DOS), which resulted in a break-in-service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve major (O-4). 

On XX XXX XX, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered the Regular Air Force and resigned on 26 Nov 17, in the grade of O-3.

On 12 Jan 18, according to ARPC IMT 92, Appointment Order, XXXXXX, dated 14 Mar 18, the applicant’s appointment in the Air Force Reserve in the grade of O-3, was approved by the Secretary of Defense (SECDEF).

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 approval.  The applicant was on scroll XXXX, which was approved by the SECDEF on XXXXX.  Reserve Order XXXXX, appointing her into the Air Force Reserve was approved on 12 Jan 18, which is an incorrect date as the approved appointment date cannot be earlier than the approved scroll date. Accordingly, her appointment date should be the same as the scroll date.  Although this office has found no administrative error, there is evidence of an injustice because the break-in-service was not the applicant’s fault.  Therefore, the break in service should be eliminated in accordance with the SAF/GCM policy granting the Board the authority to adjust her DOS.   If the AFBCMR agrees, the applicant’s service dates will be corrected to reflect no 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 2 Jun 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 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 XXXXXX, but on that date she continued to serve on active duty until XXXXXX, 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-2022-01203 in Executive Session on 30 Jun 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, dated 26 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, dated 10 May 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 2 Jun 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.