RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04865
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her break in service be removed and her original 
Retention/Retirement date be reinstated.

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APPLICANT CONTENDS THAT:

She incurred a break in service because she was not scrolled 
prior to separating from active duty on 26 October 2012.

In support of the applicant’s appeal, she provides a copy of her 
Appointment Order/Reserve Order PC-00135 and documentation from 
the Military Personnel Data System (MilPDS).

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

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STATEMENT OF FACTS:

The applicant entered active duty on 31 May 2006.

The applicant received an honorable character of service on 
26 October 2012 and transferred to the Air Force Reserve in the 
grade of captain under the provisions of AFI 36-3207 (Completion 
of Required Active Service).  She served 6 years 4 months and 
26 days on active duty.  The date of her appointment was 
approved by the Secretary of Defense (SecDef) on 28 November 
2012.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.

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AIR FORCE EVALUATION:

ARPC/DPA recommends approval to reflect no break in service.  
ARPC has found no administrative error and concludes the break 
in service was no fault of the applicant.

Due to a delay in processing of the 20 August 2012 scroll at the 
SECDEF level, the applicant incurred a break in service between 
her date of separation (DOS) and appointment date into the Air 
Force Reserve.

In accordance with the Deputy Secretary of Defense Memo, dated 
2 May 2005, all military officer appointments under Section 
12203 of Title 10, United States Code, not previously approved 
by 30 June 2005, shall be submitted to the Secretary of Defense.

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 DOS for these officers to prevent a 
break in service.  OSD 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 was granted appointment in accordance 
with the Office of Secretary of Defense directive.

If the Board agrees with the recommendation - the record should 
be corrected to reflect his date of separation as 27 November 
2012.

The complete DPA evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 May 2014, a copy of the Air Force evaluation was forwarded 
to the applicant for review and response within 30 days (Exhibit 
C).  As of this date, no response has been received by this 
office. 

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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 error or injustice.  After a 
thorough review of the evidence of record, we believe corrective 
action is warranted.  The applicant contends that a delay in 
processing the scroll caused her to incur a break in service.  
In this respect, the applicant’s name was scrolled on 20 August 
2012; yet her appointment was not approved until 28 November 
2012.  This delay caused a break in her service.  Therefore, we 
agree with the opinion and recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion that the applicant’s service dates 
should be corrected accordingly.  Therefore, we recommend that 
the applicant’s record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that she was 
not released from active duty on 26 October 2012, but was 
continued on active duty through 27 November 2012.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-04865 in Executive Session on 12 June 2014, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 24 September 2013, w/atchs.
  Exhibit B.  Letter, ARPC/DPA, dated 20 December 2014, w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 5 May 2014.





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