RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02321
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of separation (DOS) from active duty be adjusted to
reflect the day before his Reserve appointment date in order to
prevent a break in service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His Oath of Office was filled out with an invalid date of
15 December 2010, prior to the Secretary of Defenses (SecDef)
approval date of 6 January 2011. Therefore, his Oath was re-
accomplished and back-dated to 6 January 2011. As a result he
has a break in service between his DOS and his appointment date
into the United States Air Force Reserve (USAFR).
In support of his appeal, the applicant submits a copy of his
Oath of Office and an electronic communication.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant separated from the Regular Air Force effective
24 November 2010 to accept a commission in the USAFR. His name
was scrolled to the Air Staff (AF/REP) on 8 November 2010. The
Secretary of Defense (SecDef) approved the applicants
appointment as a USAFR officer on 6 January 2011. The applicant
is currently serving in the USAFR in the grade of captain (O-3).
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 C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTS recommends approval. DPTS states the applicant was
granted appointment into the AFRES in accordance with Deputy
Secretary of Defense Memorandum, dated 2 May 2005, indicating all
military officer appointments under Title 10, United States Code
(USC), Section 12203, not previously approved by 30 June 2005,
shall be submitted to the SecDef. 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
applicants break in service was at no fault of his own.
The complete DPTS evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 October 2011 for review and comments within 30 days
(Exhibit D). 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 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 the
applicants 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 24 November 2010, but was
continued on active duty through 5 January 2011.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02321 in Executive Session on 6 March 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-
02321 was considered:
Exhibit A. DD Form 149, dated 4 Jun 11, with atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 5 Oct 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11.
Panel Chair
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