RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01632
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 18 April 2011 to 18 February 2011, the day he graduated from Officer Training School (OTS).
______________________________________________________________
APPLICANT CONTENDS THAT:
A processing error between Air Force Reserve Command (AFRC) and Air Reserve Personnel Center (ARPC) caused a delay when his name was submitted to the Secretary of Defense (SecDef) for appointment. As a result, he had to retake his Oath of Office on 18 April 2011, which changed his commissioning date by two months. He wishes to keep his original date of 18 February 2011 for time-in-grade purposes.
In support of his appeal, the applicant provides a personal letter, and copies of his 18 February 2011 Oath of Office; his OTS Diploma; physical fitness assessment; age waiver; selection for OTS notification; DD Form 214, Certificate of Release or Discharge from Active Duty; and active duty training orders.
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 in accordance with Deputy SecDef Memo, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef for approval. The Office of Defense General Council determined the appointment date is the date SecDef approves the appointment or the date the oath was administered, whichever is later.
DPTA indicates that because of an administrative oversight, AFRC/A1KP did not submit notification of the applicants approved age waiver package to ARPC/DPTAA. OTS submitted the applicants oath of office to ARPC/DPTAA on 18 February 2011 (the day the applicant graduated from OTS), which was their first notification that he was attending OTS. DPTA identified the applicant had not been scrolled; therefore, his name was submitted on 25 March 2011 to be added to the 7 February 2011 Scroll. The Scroll was approved by SecDef on 18 April 2011, and the applicant was appointed to the Air Force Reserve on the same day. His appointment order was issued in accordance with Air Force Instruction (AFI) 36-2005, 19 May 2003, Appointment in Commissioned Grades and Designation and Assignments in Professional Categories Reserve of the Air Force and United States Air Force.
DPTA states 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 18 April 2011. The applicant was appropriately appointed as a direct appointment after completing OTS, to the Line of the Air Force Reserve, in accordance with AFI 36-2005; Title 10, USC; and Office of the SecDef directive.
The complete DPTA evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24 June 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, Air Force Instructions, and Title 10, United States Code. However, we note that due to an administrative oversight the applicants name was left off of the initial scroll to SecDef causing him to have an appointment date and date of rank later than his peers. We also note the statute does allow adjustment of date of rank 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. In this case, we find unusual circumstances in that a processing error between AFRC and ARPC caused a delay when the applicants name was submitted to SecDef for appointment. Therefore, in an effort to offset any possibility of an injustice, we recommend the applicants record be corrected as indicated below. We caution the applicant to monitor his records, particularly, prior to future promotions, to ensure that his date of rank has not been inadvertently changed back to his date of appointment. In doing so, he should maintain a copy of the Boards decision to submit as part of a letter to the promotion board president, if the date is changed.
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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 he was promoted to the grade of second lieutenant (O-1), Air Force Reserve, with a Date of Rank (DOR) and a Promotion Effective Date (PED) of 18 February 2011 rather than 18 April 2011.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2011-01632 in Executive Session on 14 February 2012, 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-2011-01632 was considered:
Exhibit A. DD Form 149, dated 29 Apr 11, with atchs.
Exhibit B. Letter, ARPC/DPTA, dated 23 May 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 24 Jun 11.
Panel Chair
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