RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00612
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His date of separation (DOS) from active duty be corrected
to reflect 25 November 2012.
2. His date of entry (DOE) in the Air Force Reserve be
corrected to reflect 26 November 2012.
3. The remarks section of his ARPC IMT 92, Appointment Order,
be corrected to remove the statement, based on receipt of
separation pay, incurred a 3-year service commitment into the
USAFR, IAW Title 10 U.S.C., 1174(E).
4. His Total Years of Service Date (TYSD), Total Federal
Commissioned Service Date (TFCSD), and Promotion Date be
corrected.
________________________________________________________________
APPLICANT CONTENDS THAT:
He applied for a reassignment from the Regular Air Force to the
Air Force Reserve under the Palace Chase program. He was
approved for a 25 November 2012, separation and a
26 November 2012, gain to the Reserve. Based on the date the
Secretary of Defense (SecDef) signed the scroll list, his record
reflected a break in service even though he in-processed into
the Reserve on 26 November 2012. Additionally, someone in the
personnel office changed his service dates to prevent the break
in service but these dates are incorrect. Regarding the remark
in his ARPC IMT 92, he did not apply for, nor receive separation
pay and therefore, does not have a 3-year service commitment as
indicated.
In support of his request, the applicant submits copies of
documents extracted from his military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in
the grade of Major, 0-4.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTS recommends approval. DPTS states that due to a delay
in processing the 20 August 2012, scroll at the SecDef level the
applicant incurred a break in service between his date of
separation and his appointment date into the Air Force Reserve.
DPTS further states, current policies do not allow for
backdating oaths; however, SAF/GCM and the AFBCMR determined
that the AFBCMR has the authority to adjust the DOS for these
officers to prevent a break in service. OSD General Counsel
determined the appointment date is the date the SecDef approves
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. They found
no administrative error and conclude the break in service was at
no fault of the applicant. Therefore, they recommend approval
of the applicants request to reflect no break in service and
corrections to service dates and ARPC IMT 92.
The complete ARPC/DPTS evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 March 2013 for review and comment within 30 days
(Exhibit D). To date, a response has not 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 error or injustice. After a
thorough review of the evidence, we believe correction action is
warranted. The applicant contends that a delay in processing
his reassignment from the Regular Air Force to the Air Force
Reserve caused a break in service. In this respect, the
applicants name was scrolled on 20 August 2012; yet his
appointment was not approved until 28 November 2012. This delay
caused a break in his 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 as a result. Additionally, the applicant requests his
appointment order be corrected to remove the remark pertaining
to a required service obligation. We have been advised by the
office of primary responsibility that the applicant does not
have a 3-year service obligation and this statement should be
removed from his appointment order. Accordingly, we 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:
a. He was not released from active duty effective
25 November 2012, but was continued on active duty through
27 November 2012.
b. His ARPC IMT 92, Appointment Order, PC-00138 dated
10 December 2012 be amended to remove the statement; based on
receipt of separation pay, incurred a 3-year service commitment
into the USAFR, IAW Title 10 U.S.C., 1174(E).
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 3 December 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2013-00612:
Exhibit A. DD Form 149, dated 18 January 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 6 March 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 March 2013.
Panel Chair
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