RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05576
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
As amended, his date of appointment into the Air National Guard (ANG) be changed from 17 Sep 12 to 1 Aug 12.
________________________________________________________________
APPLICANT CONTENDS THAT:
Air Force Recruiters failed to submit his AF Form 1288, Application for Ready Reserve Assignment, to the Air Force Personnel Center in a timely manner, causing him to experience an unplanned 47 day break in service as he transitioned from active duty into the ANG. Were it not for this inadvertent break in service, he would have been recommended for promotion earlier.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1P recommends granting the applicants request. The applicant separated from the active duty Air Force on 31 Jul 12, and was appointed in the ANG on 17 Sep 12, but he should have been appointed on 1 Aug 12. His late appointment into the ANG was in error. Recommend amending his date of appointment to 1 Aug 12 to reflect that he was a direct appointment into the ANG from the active duty Air Force.
A complete copy of the NGB/A1P evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He agrees with the recommendation of NGB/A1P and requests his appointment date into the ANG be amended from 17 Sep 12 to 1 Aug 12.
________________________________________________________________
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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case, to include his rebuttal response to the advisory opinion, and agree with the opinion of the Air Force office of primary responsibility (OPR) that relief should be granted. We note the Board is without authority to recommend granting the requested relief as the records necessary to effect the appointment of an Air National Guard officer are not Air Force records and are therefore beyond the authority of the Board to correct. However, we believe it appropriate to recommend the applicants date of separation from the Regular Air Force be corrected to reflect he was discharged from active duty the day prior to his appointment in the Air National Guard, thereby eliminating his break in service.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not discharged from the Regular Air Force on 31 July 2012, but on that date, continued to serve active duty until 16 September 2012, on which date he tendered his resignation, was Honorably discharged from all Regular Air Force appointments, and was released from active duty and transferred to the Air National Guard.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2012-05576 in Executive Session on 19 Sep 13, 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 28 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1P, dated 24 Jan 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13.
Exhibit E. Letter, Applicant, dated 3 Mar 13.
Panel Chair
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