RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-05291
								COUNSEL: NONE 
								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

1.  Her break in service between 31 May 13 and 6 Jun 13 be 
corrected.

2.  Her service dates (Total Federal Commissioned Service Date, 
Date of Rank, Total Years Service Date, and Pay Date) be 
corrected to the original dates.

________________________________________________________________

APPLICANT CONTENDS THAT:

Her record reflects a break in service from the Regular Air 
Force to the Air Force Reserve.

She was scrolled by her In-Service Recruiter four months prior 
to her active duty separation date, with the understanding that 
she would not have a break in service.  Due to a delay in the 
processing of the scroll at the Secretary of Defense (SECDEF) 
level, she had a break in service.  

In support of her appeal, the applicant provides copies of her 
appointment order; AF Form 1288, Application for Ready Reserve 
Assignment, dated 16 Jan 13; AF Form 133, Oath of Office, dated 
7 Jun 13 and a Military Personnel Data System (MilPDS) printout.

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

________________________________________________________________

STATEMENT OF FACTS:

On 31 May 13, the applicant resigned her Regular Appointment and 
was discharged from 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.  
DPA states the Secretary of the Air Force General Counsel 
(SAF/GCM) advisory grants the AFBCMR authority to adjust the 
DOS. 

On 28 Jan 13, the applicant was placed on the scroll.  On 31 May 
13, the applicant resigned her Regular Appointment.  On 6 Jun 
13, the SECDEF approved the scroll and she was appointed into 
the Air Force Reserve.  

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 DOS for these officers to 
prevent a break in service.  The office of the Secretary of 
Defense (OSD) General Counsel 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 OSD directive.

The complete DPA evaluation, with attachments, 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 10 Jan 14 for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response.

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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 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 31 May 13, but on that date, 
was continued on active duty until 5 Jun 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-2013-05291 in Executive Session on 18 Sep 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 7 Nov 13, w/atchs.
     Exhibit B.  Pertinent Excerpts from Military Records.
     Exhibit C.  Letter, ARPC/DPA, dated 20 Dec 13, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.
     Exhibit E.  Letter, Applicant, dated 30 Jul 14.