RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01054
INDEX CODE: 110.01
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 2 October 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His date of separation (DOS) from active duty be adjusted to reflect the
day before his reserve appointment so as not to have a break in service.
________________________________________________________________
APPLICANT CONTENDS THAT:
As a result of a 10 day break in service, he will be ineligible for the
Captain Promotion Board, delaying his promotion for a year.
The document was submitted for the Secretary of Defense (SecDef) signature
on 16 October 2006, but wasn’t signed off until 11 December 2006, 10 days
after his active duty DOS of 1 December 2006.
At no point in time did the Military Personnel Flight (MPF) or reserve
recruiter inform him of an independent, lengthy review and signature
process for being accessed into the reserves.
He was caught in a system technicality, and is being penalized unjustly by
events outside his control and influence.
In support of his appeal, he has submitted a copy of his DD Form 214, dated
1 December 2006.
Applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Deputy Secretary of Defense (SecDef) Memo, dated 2 May 2005, states all
military officer appointments under 10 USC, section 12203, not approved by
30 June 2005, will be submitted to the SecDef for approval.
On 16 October 2006, applicant’s name was scrolled to SecDef for appointment
as an officer in the Air Force Reserve (USAFR). He separated from active
duty in the grade of First Lieutenant for miscellaneous/general reasons on
1 December 2006. Although he took his Reserve Oath on 2 December 2006, the
oath was invalid since it was administered before he was SecDef approved.
His reserve appointment was approved by SecDef on 11 December 2006; thus,
he now has a 10 day break in service.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends denial. After review of his record and documentation
relating to his appointment in the USAFR, they found no error or injustice
to support his appeal, and show no system technicalities during the scroll
process.
Applicant’s appointment order was issued IAW AFI 36-2005, 19 May 2003.
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 SecDef approves the appointment
or the date the oath was administered, whichever is later. The applicant
was granted appointment IAW the OSD directive.
The ARPC/DPA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 24 May
2007, for review and comment, within 30 days. However, as of this date, no
response has been received by this office.
________________________________________________________________
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 injustice to warrant adjusting applicant’s date of
separation from the Regular Air Force to reflect a date one day before his
appointment in the Air Force Reserve. Evidence has been presented that
applicant took his Reserve Oath the day following his separation from the
Regular Air Force; however, through no fault of his own, the Secretary of
Defense did not approve his appointment in the Air Force Reserve until 10
days later, thereby invalidating his oath and creating a break in service.
In view of the above, and in order to make the applicant whole and resolve
any injustice in his favor, the Board recommends that his records be
corrected to the extent 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:
a. He was not honorably discharged from active duty on 1
December 2006 but continued on active duty.
b. He was honorably discharged from active duty on 10 December
2006.
________________________________________________________________
The following members of the Board considered Docket Number BC-2007-01054
in Executive Session on 11 July 2007, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Mar 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 17 May 07, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 24 May 07.
MICHAEL J. NOVEL
Panel Chair
AFBCMR 2007-01054
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXXXXXXXXXXX, be corrected to show that:
a. He was not honorably discharged from active duty on 1
December 2006, but continued on active duty.
b. He was honorably discharged from active duty on
10 December 2006.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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