RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-03560
					COUNSEL: NONE 
								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

Her records be corrected to reflect no break in service.

________________________________________________________________

APPLICANT CONTENDS THAT:

Due to a delay in the processing of the 10 Dec 12 scroll at the 
Secretary of Defense (SECDEF) level, she had a break in service 
from 14 Feb 13 to 21 Feb 13.  

In support of her appeal, the applicant provides copies of her 
appointment order, AF Form 100, Request and Authorization for 
Separation, dated 14 Nov 12, with amendments.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 19 Dec 08, the applicant was commissioned in the Regular Air 
Force.  On 20 Jan 09, the applicant entered extended active 
duty.

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AIR FORCE EVALUATION:

ARPC/DPA recommends approval of the applicant's request to 
reflect no break in service.  They found no administrative error 
and conclude the break in service was at no fault of the member.  

On 10 Dec 12, the applicant was placed on the scroll list.  On 
14 Feb 13, she was discharged from active duty.  On 21 Feb 13, 
the SECDEF approved the scroll and she was appointed into the 
United States Air Force Reserves (USAFR).  

DPA indicates that current policies do not allow for backdating 
oaths; however, SAF/GCM and the AFBCMR have determined that the 
AFBCMR has the authority to adjust the Date of Separation (DOS) 
for these officers to prevent a break in service.  The office of 
the Secretary of Defense General Counsel (OSD/GC) determined the 
appointment date is the date the SECDEF approves the appointment 
or the date the oath was administered, whichever is later.  The 
applicant was granted appointment in accordance with the OSD 
directive.

The complete DPA evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 31 Oct 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.  

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
corrective action.  Having carefully reviewed this application, 
we agree with the recommendation of the Air Force office of 
primary responsibility and adopt the rationale expressed as the 
basis for our decision that the applicant has been the victim of 
either an error or an injustice.  Therefore, we recommend the 
applicant’s record be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that she did 
not tender her resignation and was not discharged from all 
Regular Air Force appointments on 14 Feb 13, but was continued 
on active duty until 20 Feb 13, on which date she tendered her 
resignation, was discharged from all Regular Air Force 
appointments, and was released from active duty. 

_________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03560 in Executive Session on 17 Jun 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Jul 13, with atchs.
     Exhibit B.  Applicant’s Available Military Records.
     Exhibit C.  Letter, ARPC/DPA, dated 27 Aug 13, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 13.