RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01158

XXXX	COUNSEL: XXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His break in service following his separation from active duty and appointment into the Air Force Reserve be eliminated.

APPLICANT’S CONTENTIONS

Through no fault of his own, he was scrolled after his date of separation, which resulted in a break-in-service.
 
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Reserve captain (O-3).

On 2 Jun 16, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered the Regular Air Force and was separated on 1 Jun 21 in the grade of captain (O-3).

On 16 Jun 21, according to Reserve Order XXXXX, dated 9 Sep 21, the applicant’s appointment to the Air Force Reserve (Scroll XXXX) was approved by the Secretary of Defense.

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 separated from the Regular Air Force on 1 Jun 21.  His appointment to the Air Force Reserve (Scroll XXXX was approved by the Secretary of Defense on 16 Jun 21.  The break-in-service between his separation from active duty and appointment into the Air Force Reserve was due to no fault of the applicant.  Therefore, the break in service should be eliminated in accordance with the SAF/GCM policy granting the Board the authority to adjust the applicant’s date of separation.    

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 on17 May 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 that he was not released from active duty effective 1 June 2021 but on that date, he was continued on active duty until 15 June 2021 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-2022-01158 in Executive Session on 16 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, w/atchs, dated 28 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atchs, dated 29 Apr 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 May 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.