RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04426
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her date of separation (DOS) from active duty in the Regular Air
Force be adjusted to reflect the day before her appointment in the
United States Air Force Reserve (USAFR) in order to eliminate her
break in service.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Due to a delay in processing of the 19 July 2011 scroll at the
Secretary of Defense (SecDef) level, she incurred a break in
service between her DOS and her appointment date in the USAFR.
This delay was out of her control.
The applicants complete submission, with attachments, is at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving as a captain (O-3) in the USAFR.
She separated from the Regular Air Force effective 27 June 2011 and
was appointed an officer in the USAFR effective 19 July 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 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/DPA recommends approval. DPA states that 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 applicants break in service
was at no fault of her own. The appropriate action would be to
eliminate the applicants break in service by correcting her record
to reflect her DOS from the Regular Air Force as 18 July 2011.
The complete DPA evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 6 November 2012 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 her 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 show that she was not
released from active duty, effective 27 June 2011, but on that date
she was continued on active duty through 18 July 2011 and was
released from active duty.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2012-04426 in Executive Session on 27 June 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 for AFBCMR Docket Number BC-2012-
04426 was considered:
Exhibit A. DD Form 149, dated 6 Sep 12, with atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 31 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12.
Panel Chair
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