RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00471
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His commissioning date as a second lieutenant in the United
States Air Force Reserve (USAFR) be changed from 30 June 2010 to
27 July 2009.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After graduation from the United States Air Force Academy (USAFA)
on 27 May 2009, he was selected to participate in the Religious
Professional Scholarship Program (RPSP). In order to participate
in the program, he had to resign his Regular Air Force commission
and accept a commission in the USAFR. Per Air Force Instruction
(AFI) 52-106, paragraph 3-5, he was discharged from active duty
after his 60 days of leave, on 26 July 2009, and started seminary
in August 2009. He wasnt aware that he did not receive his
commission until late June 2010 when he was applying for the
Chaplain Candidate Course. As a result, he received his
commission on 30 June 2010. In accordance with AFI 52-106,
paragraph 3.5, he should have received his commission immediately
after separating from active duty on the 61st day after
graduation on 27 July 2009. His current commissioning date is
preventing him from receiving back pay for the stipend of his
first year in seminary.
In support of his appeal, the applicant submits a letter of
support from AF/HCP (Staff Chaplain, Personnel, Budget, and
Readiness); a copy of AFI 52-106; and a copy his Oath of Office.
The applicants 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 applicants
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 to change the applicants date of
appointment to the USAFR; however, they recommend approval to
correct his record to show he did not have a break in service.
DPTA states the applicant was erroneously assigned to HPSP
effective 27 May 2009. His DD Form 214, Certificate of Release
or Discharge from Active Duty, dated 26 June 2009, incorrectly
reflects he was released from active duty without a Military
Service Obligation (MSO). In accordance with Department of
Defense Instruction 1304.25, Chapter 6, and Title 10, United
States Code (USC), Sections 10101, 10142, and 10143, the
applicant has an MSO. The Secretary of Defense (SecDef) approved
the applicants appointment as a USAFR officer on 4 March 2010.
He was approved for the Chaplain Candidate Program on 14 April
2010 and took the Oath of Office on 30 June 2010 to enter the
Chaplain Candidate Program.
DPTA indicates that current policies do not allow for backdating
oaths; however, SAF/GCM and the AFBCMR have determined to adjust
the date of separation for these officers to prevent a break in
service. 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.
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 8 April 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice to warrant partial
relief. After a thorough review of the evidence presented, it
appears the applicants appointment date was appropriately
established in compliance with SecDef directive. However, we
note the Air Force office of primary responsibility (OPR)
indicates that due to the applicants erroneous assignment and
release from active duty without a MSO, his break in service was
at no fault of his own and should be corrected. Therefore, in an
effort to offset any possibility of an injustice, we agree with
the recommendation made by the Air Force OPR and recommend the
applicants 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 reflect that he was not
released from active duty, effective 26 July 2009, but was
continued on active duty through 3 March 2010.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00471 in Executive Session on 12 October 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2011-
00471 was considered:
Exhibit A. DD Form 149, dated 25 Jan 11, with atchs.
Exhibit B. Letter, ARPC/DPTA, dated 23 Mar 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11.
Panel Chair
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