RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00484 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His commissioning date and appointment as a second lieutenant (O- 1) in the United States Air Force Reserve (USAFR) be changed from 10 December 2010 to 26 October 2010. _________________________________________________________________ APPLICANT CONTENDS THAT: He graduated from the Basic Officer Training School (OTS) on 26 October 2010; however, his name and several others from his class were excluded from the scroll that went to Secretary of Defense (SecDef) for approval. This resulted in him not being able to complete his Oath of Office until 10 December 2010, after the scroll was resubmitted and approved. In support of his appeal, the applicant submits a letter of support from 302 Airlift Wing Chief of Force Management; OTS Diploma; electronic communications; DD Form 214, Certificate of Release or Discharge from Active Duty; and an Air Force IMT 133, Oath of Office (Military Personnel). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the USAFR in the grade of second lieutenant (O-1). The remaining relevant facts, extracted from the applicant’s military service record, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTA recommends denial. DPTA states that the applicant graduated from OTS on 26 October 2010. Because of an administrative oversight, AFRC/A1KP did not submit a scroll containing the applicant’s name to AF/REP (USAFR Personnel). The applicant’s name was subsequently submitted to AF/REP on 8 November 2010 to be added to the 30 August 2010 scroll. It was approved on 10 December 2010, and the applicant was appointed to the USAFR on the same day. DPTA indicates that current policies do not allow for backdating oaths; however, the applicant was enlisted and received pay and benefits authorized on enlisted status for the period of time until he was SecDef approved and commissioned on 10 December 2010. SecDef General Council determined the appointment date is the date SecDef approves the appointment or the date the oath was administered, whichever is later. The applicant was granted appointment in accordance with the SecDef directive. His break in service was at no fault of the applicant. DPTA states the applicant was appointed appropriately as a direct appointment after completing OTS, in accordance with Air Force Instruction 36-2005 and Title 10, United States Code. The complete DPTA evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 March 2011 for review and comments within 30 days. As of this date, no response has been received. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant’s complete submission in judging the merits of this case and do not find it supports a determination that his date of appointment as a second lieutenant in the USAFR should be changed. In this respect, while it’s regrettable that his name was erroneously left off the initial scroll to SecDef, the Board does not have the authority to change a SecDef appointment date. Once the applicant’s name was added to the scroll his commissioning and appointment dates were appropriately established in compliance with Air Force Instructions and Title 10 United States Code (USC). While the statue does allow adjustment of date-of-rank (DOR) and effective date of an officer if, due to unusual circumstances, the appointment is delayed from the date on which it would otherwise have been made, we are not persuaded by the evidence provided that the delay in his appointment was due to unusual circumstances. Rather it appears to be a result of normal administrative actions required before the list could be finally approved by the Secretary of Defense. Accordingly, in the absence of evidence showing the applicant was treated differently from other similarly situated, or that his commissioning or appointment date were established contrary to the provisions of the governing policy based on the controlling statue, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2011-00484 in Executive Session on 8 December 2011, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence for AFBCMR Docket Number BC- 2011-00484 was considered: Exhibit A. DD Form 149, dated 28 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTA, dated 29 Mar 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11. Chair