RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00484
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His commissioning date and appointment as a second lieutenant (O-
1) in the United States Air Force Reserve (USAFR) be changed from
10 December 2010 to 26 October 2010.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He graduated from the Basic Officer Training School (OTS) on
26 October 2010; however, his name and several others from his
class were excluded from the scroll that went to Secretary of
Defense (SecDef) for approval. This resulted in him not being
able to complete his Oath of Office until 10 December 2010, after
the scroll was resubmitted and approved.
In support of his appeal, the applicant submits a letter of
support from 302 Airlift Wing Chief of Force Management; OTS
Diploma; electronic communications; DD Form 214, Certificate of
Release or Discharge from Active Duty; and an Air Force IMT 133,
Oath of Office (Military Personnel).
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. DPTA states that the applicant
graduated from OTS on 26 October 2010. Because of an
administrative oversight, AFRC/A1KP did not submit a scroll
containing the applicants name to AF/REP (USAFR Personnel). The
applicants name was subsequently submitted to AF/REP on
8 November 2010 to be added to the 30 August 2010 scroll. It was
approved on 10 December 2010, and the applicant was appointed to
the USAFR on the same day.
DPTA indicates that current policies do not allow for backdating
oaths; however, the applicant was enlisted and received pay and
benefits authorized on enlisted status for the period of time
until he was SecDef approved and commissioned on 10 December
2010. 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.
DPTA states the applicant was appointed appropriately as a direct
appointment after completing OTS, in accordance with Air Force
Instruction 36-2005 and Title 10, United States Code.
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 29 March 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants complete submission in judging the merits of
this case and do not find it supports a determination that his
date of appointment as a second lieutenant in the USAFR should be
changed. In this respect, while its regrettable that his name
was erroneously left off the initial scroll to SecDef, the Board
does not have the authority to change a SecDef appointment date.
Once the applicants name was added to the scroll his
commissioning and appointment dates were appropriately
established in compliance with Air Force Instructions and Title
10 United States Code (USC). While the statue does allow
adjustment of date-of-rank (DOR) and effective date of an officer
if, due to unusual circumstances, the appointment is delayed from
the date on which it would otherwise have been made, we are not
persuaded by the evidence provided that the delay in his
appointment was due to unusual circumstances. Rather it appears
to be a result of normal administrative actions required before
the list could be finally approved by the Secretary of Defense.
Accordingly, in the absence of evidence showing the applicant was
treated differently from other similarly situated, or that his
commissioning or appointment date were established contrary to
the provisions of the governing policy based on the controlling
statue, we find no basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2011-00484 in Executive Session on 8 December 2011, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence for AFBCMR Docket Number BC-
2011-00484 was considered:
Exhibit A. DD Form 149, dated 28 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTA, dated 29 Mar 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11.
Chair
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