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AF | BCMR | CY2012 | BC-2012-01595
Original file (BC-2012-01595.pdf) Auto-classification: Approved
 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
IN THE MATTER OF: 

 

 

 

DOCKET NUMBER:  BC-2012-01595 
COUNSEL: NONE 

   

 

HEARING DESIRED:  YES 

 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
His date of separation (DOS) from active duty in the Regular Air 
Force  be  adjusted  to  reflect  the  day  before  his  appointment  in 
the United States Air Force Reserve (USAFR) in order to eliminate 
his break in service.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
Due to a delay in processing of the 22 August 2011 scroll at the 
Secretary  of  Defense  (SecDef)  level,  he  incurred  a  break  in 
service  between  his  DOS  and  his  appointment  date  in  the  USAFR.  
This delay was out of his control.  
 
In  support  of  his  appeal,  the  applicant  submits  a  copy  of  his 
Oath of Office and separation documents.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is currently serving as a major (O-4) in the USAFR.  
He separated from the Regular Air Force effective 12 October 2011 
and  was  appointed  an  officer  in  the  USAFR  effective  20  October 
2011 (date of SecDef approval).   
 
In accordance with Deputy Secretary of Defense Memorandum, dated 
2 May 2005, all military officer appointments under Section 12203 
of Title 10, United States Code (USC), not previously approved by 
30 June 2005, shall be submitted to the SecDef for approval.  The 
applicant’s  release  from  active  duty  with  an  active  duty 
obligation  under  Section  2123  of  Title  10,  USC,  required  a 
service obligation in a component of the Ready/Selected Reserve 
for a period not less than twice as long as his remaining active 
duty service obligation.   
 
The  remaining  relevant  facts,  extracted  from  the  applicant’s 
military service record, are contained in the evaluation by the 
Air Force office of primary responsibility at Exhibit B.   
 
_________________________________________________________________ 

 
AIR FORCE EVALUATION: 
 
ARPC/DPT recommends approval.  DPT states the applicant requested 
his  record  be  corrected  to  reflect  his  Date  Initial  Entered 
Reserve  Forces  (DIERF)  as  2  October  2011;  however,  this  is  a 
fixed  date  and  is  not  adjusted  for  time  lost  or  breaks  in 
service.    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  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’s break in service was at no fault of his 
own.    The  appropriate  action  would  be  to  eliminate  the 
applicant’s break in service by correcting his record to reflect 
his DOS from the Regular Air Force as 19 October 2011.   
 
The complete DPT evaluation, with attachment, is at Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on 19 June 2012 for review and comments within 30 days (Exhibit 
C).  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 
applicant’s  appointment  date  was  appropriately  established  in 
compliance with SecDef directive.  However, we note the Air Force 
office  of  primary  responsibility  (OPR)  indicates  that  the 
applicant’s  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 applicant’s record be 
corrected as indicated below.  
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered. 
 
_________________________________________________________________ 

2 
 

 
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  12  October  2011,  but  was 
continued on active duty through 19 October 2011.   
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01595  in  Executive  Session  on  25  October  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-2012-
01595 was considered: 
 

Exhibit A.  DD Form 149, dated 5 Mar 12, with atchs.   
Exhibit B.  Letter, ARPC/DPT, dated 30 May 12, w/atch. 
Exhibit C.  Letter, SAF/MRBR, dated 19 Jun 12. 

 
 
 
 
                                      
                                     Panel Chair 

3 
 



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