RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02448
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her service dates be corrected to remove her break in service
and she be granted a Special Selection Board (SSB) for promotion
to the grade of captain.
________________________________________________________________
APPLICANT CONTENDS THAT:
She spoke to a Reserve recruiter prior to separating from active
duty. Her name was scrolled so that she could continue to serve
without a break in service. She never received an appointment
letter transferring her into the Reserves.
According to the Air Reserve Personnel Center promotion
eligibility office, due to the lack of an appointment letter and
a break in service, she was ineligible for promotion
consideration. The break in service has caused her to be passed
over for promotion several times. Additionally, her service
dates are incorrect.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 30 May 2007
through 1 September 2010. She transferred to the Air Force
Reserves effective 9 September 2010; the date her appointment
was approved by the Secretary of Defense (SecDef).
The remaining relevant facts, extracted from the applicants
master personnel records, are outlined in the letter prepared by
the Air Force office of responsibility, which is included at
Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends approval of the applicants request to
reflect no break in service and to grant her an SSB. While the
applicant requests her Date Initial Entry Reserve Forces (DIERF)
be corrected, this is a fixed date and not adjusted for time
lost or breaks in service.
Due to a delay in processing the 19 June 2010 scroll at the
SecDef level, the applicant incurred a break in service between
her separation from active duty and her appointment into the
Reserves.
In accordance with Deputy Secretary of Defense Memorandum, 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.
The applicant was voluntarily discharged from active duty and
accepted separation pay under Title 10 U.S.C Section 1174. She
was required by a written agreement to serve in the Reserve
component for a period of not less than three years following
her release from active duty. An appointment order was issued
on 5 August 2011, appointing her into the Ready Reserves
effective 9 September 2010.
Current policies do not allow for backdating oaths; however,
SAF/GCM and the AFBCMR have determined the AFBCMR has the
authority to adjust the date of separation for these officers to
prevent a break in service. The General Counsel determined the
appointment date is the date SecDef approves the appointment
date or the date the oath was administered, whichever is later.
The applicant was granted appointment in accordance with the
Office of Secretary of Defense directive.
There was no administrative error and the break in service was
not caused by the applicant. Her records should be corrected
accordingly.
The complete DPA 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 16 July 2012 for review and comment within 30 days.
As of this date, this office has received no response
(Exhibit C).
________________________________________________________________
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 error or injustice with regard to
her break in service and SSB. In this respect the applicants
name was scrolled on 19 June 2010; yet her appointment was not
approved until 9 September 2010. This delay caused a break in
her service and was through no fault of the applicant.
Therefore, we agree with the opinion and recommendation of the
Air Force office of primary responsibility that the applicants
break in service be removed and SSB be granted. However, with
regard to her request that her DIERF be adjusted, we are in
agreement with the OPR that this is a fixed date and requires no
adjustment. Therefore, we recommend that the applicants record
be corrected as indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. She was not released from active duty effective
1 September 2010, but on that date, she was continued on active
duty through 8 September 2010.
b. Her record be considered for promotion to the grade of
captain by a Special Selection Board for the Calendar Year 2010B
Captain Central Selection Board.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02448 in Executive Session on 26 March 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jun 12, w/atchs.
Exhibit B. Letter, ARPC/DPA, dated 9 Jul 12.
Exhibit C. Letter, SAF/MRBR, 16 Jul 12.
Panel Chair
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