RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02898
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her military service dates (Total Year Service Date, Total
Federal Commissioned Service Date and Pay Date) be corrected to
reflect her original service dates and her break in service be
removed.
________________________________________________________________
APPLICANT CONTENDS THAT:
She applied to transfer into the Air Force Reserve on
24 February 2012. The transfer was approved on 29 May 2012,
39 days after her date of separation from active duty. This
caused a break in service and adjusted her military service
dates.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 19 January
2005 through 20 April 2012. She transferred to the Air Force
Reserve effective 29 May 2012; 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. Due to a delay in processing the
27 February 2012 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.
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 the SecDef approved the appointment
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 7 August 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. After a
thorough review of the evidence, we believe correction action is
warranted. The applicant contends that a delay in processing her
transfer to the Air Force Reserve caused a break in service. In
this respect, we note the applicants name was scrolled on
27 February 2012; yet her appointment was not approved until
29 May 2012, resulting in a break in her service. Therefore, we
agree with the opinion and recommendation of the Air Force office
of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicants service dates should be
corrected accordingly. 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 she was not
released from active duty effective 20 April 2012, but on that
date, she was continued on active duty through 28 May 2012.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02898 in Executive Session on 12 February 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 20 Jun 12, w/atchs.
Exhibit B. Letter, ARPC/DPA, dated 31 Jul 12.
Exhibit C. Letter, SAF/MRBR, 7 Aug 12.
Panel Chair
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