RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02444
		
	 	COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.  His date of separation (DOS) from active duty be adjusted to reflect the day before his Reserve appointment date in order to remove a break in service.  

2.  He be retroactively paid the Air Force Reserve Command (AFRC) Officer Affiliation Incentive Bonus.  


APPLICANT CONTENDS THAT:

1.  His participating in the Individual Ready Reserve (IRR) is erroneously being considered as a break in service causing his records to not accurately reflect his transfer to the IRR from active duty.  

2.  His erroneous break in service eliminated his eligibility for the AFRC Officer Affiliation Incentive Bonus.  

The applicant’s complete submission, with attachments, is at Exhibit A.  


STATEMENT OF FACTS:

The applicant’s military personnel records indicate he was commissioned in the Regular Air Force on 27 May 98.  

On 29 Aug 07, the applicant tendered his resignation of commission for personal and professional reasons.  

On 24 Aug 08, the applicant was honorably discharged, with a narrative reason for separation of “Completion of Required Active Service,” and was credited with 10 years, 2 months, and 28 days of total active service.  

On 25 Aug 08, according to the applicant’s duty history, he was assigned to the Non-obligated Nonparticipating Ready Personnel Section (NNRPS).  
In accordance with Title 37 United States Code, Section 308j, the Air Force Reserve (AF/RE) approved a new officer incentive effective 1 Sep 08 for AFRC.  Specifically, affiliation bonuses under this program were paid to those qualified personnel who are transferring directly from the active duty without a break in service and have completed fewer than 20 years of military service.  This bonus also applies to officers who affiliate from the IRR while serving the remainder of a military service obligation (MSO).  

On 26 Jan 09, according to the Air Reserve Personnel Center (ARPC), the applicant’s name was scrolled to the Personnel Division Office of the Air Force Reserve (AF/REP) for the Secretary of Defense’s (SECDEF) approval of his appointment in the Reserve.  

On 16 Mar 09, according to ARPC, the applicant’s Reserve appointment was approved by the Office of Secretary of Defense (OSD).  

The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are included at Exhibits C, D, and E.  


AIR FORCE EVALUATION:

AFPC/DPSOR recommends the applicant’s record be corrected to reflect he requested and received a reserve commission and transferred to the IRR when he separated from active duty.  The applicant contends he was not properly counseled or understood the ramification of each selection for separation under AFI 36-3207, Separating Commissioned Officers.  Although there was no error in the processing of the applicant’s separation, it appears he did not fully understand the procedures for requesting a reserve commission.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.  

ARPC/DPA recommends approval, indicating the applicant’s records should be corrected to reflect his Date of Separation (DOS) was adjusted to the day prior to the date the SECDEF approved his appointment as a reserve officer.  The delay in the scrolling of the applicant’s name caused his appointment as a reserve officer to be delayed, which was due to no fault of his own.  The delay resulted in a break in service between the applicant’s DOS and appointment date into the Air Force Reserve.  In accordance with (IAW) the Deputy SECDEF Memo, dated 2 May 05, all military officer appointments under Title 10 USC § 12203, not approved by 30 Jun 05, will be submitted to the SECDEF for approval.  In this case, IAW AFI 36-2005, Appointment In Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, the applicant’s appointment was approved and an order was issued on 9 Dec 13.  The appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later, and current policies do not allow for backdating oaths.  There was no administrative error found; however, the applicant’s break in service was no fault of his own.  As such, his DOS should be adjusted to reflect no break in service.  

A complete copy of the ARPC/DPA evaluation is at Exhibit D.

AFRC/A1K recommends denial with respect to the applicant’s request for entitlement to the AFRC Officer Affiliation Incentive Bonus, if his records are not corrected to reflect there was no break in service.  After a careful review of the documentation provided by the applicant he is ineligible for an affiliation incentive because he was accessed to the Air Force Reserve with a break in service.  Air Force officers are eligible for an affiliation incentive bonus if they transfer directly from the Regular Air Force without a break in service and have completed fewer than 20 years of military service from their pay date.  Although, the applicant contends he did not have a break in service, his DD Form 214 does not support his assertion.  The applicant did not have a remaining MSO upon the end of his active duty military service in the Regular Air Force, as such, he was appropriately separated.  Nevertheless, the applicant provided documentation which reflects he was erroneously transferred to the IRR.  The appropriate action was to separate the member from the service and not transfer him to the IRR, which in turn, constitutes a break in service.  The applicant does not meet the AFRC Officer Affiliation Incentive Bonus program eligibility criteria due to the break in service.  However, if the decision is to grant the relief sought, the applicant would be eligible for an AFRC Affiliation Incentive (Bonus) and approval of such would be recommended.  

A complete copy of AFRC/A1K evaluation is at Exhibit E.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues that contrary to the advisories indicating there were no administrative errors made, there were errors made in his transition from active duty.  He specifically, requested to be transferred to the IRR; however, he was told that he was already supposed to be assigned to the IRR for three years unless he resigned.  Since he was unable to interview of a Reserve position, he was advised to transfer to the IRR upon leaving active duty in order to make an affiliation transition into the Reserve.  He accomplished what he believed was required for his transition into the IRR and provided the appropriate documentation which reflected he was a member.  If he had known there was an issue with his transition or appointment to the IRR, he would have immediately made corrections.  Although there was an error with his transition into the IRR, he agrees that it would be more feasible to adjust his DOS, rather than correcting the IRR discrepancy.  He further argues there were numerous errors annotated in the AFRC/A1K advisory and debates the use of the term “accessed” versus “affiliation” because he was in the IRR and according to all pertinent regulations and directives he went through the affiliation process.  It is now clear that his transition to the IRR was not properly documented; however, it was not his intent since he specifically requested transfer into the IRR to remain in the Air Force system.  However, this error can be remedied with a correction to his DOS and will not be an issue.  In addition, this correction will allow his eligibility to the AFRC Officer Affiliation Incentive Bonus.  

A complete copy of the applicant’s response, with attachments, is at Exhibit G.  


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.  The applicant contends that his participation in the IRR is being considered as a break in service and, as a result, he is being unfairly deprived of an officer affiliation incentive bonus.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe that corrective action is warranted.  In this respect, we note the comments of ARPC/DPA indicating the delay in the scrolling of the applicant’s name was due to no fault of his own and caused his appointment as a reserve officer to be delayed, resulting in a break in service.  While we note the comments of AFPC/DPSOR indicating the applicant’s records should be corrected to reflect that he was appointed a Reserve officer upon his erroneous transfer to the IRR, in view of the fact that officers are appointed by virtue of the authority of the Secretary of Defense, neither the Secretary of the Air Force, nor this Board acting on the Secretary’s behalf, has the authority to correct the applicant’s records in the manner suggested by AFPC/DPSOR.  Therefore, we believe it proper and fitting to recommend correcting the records as noted by ARPC/DPA.  As for his request for the officer affiliation incentive bonus, in view of the fact that our recommendation noted above will serve to remove the applicant’s break in service, we believe it also appropriate to recommend his records be corrected to reflect that he was paid affiliation bonus.  In this respect, we note the comments of AFRC/A1K indicating that Air Force officers are eligible for the noted bonus if they transfer directly from the Regular Air Force without a break in service and have completed fewer than 20 years of military service from their pay date.  Therefore, inasmuch as the removal of the applicant’s break in service results in his eligibility for said bonus, we believe it appropriate to recommend his records be corrected to reflect that he was paid said bonus when he was appointed a Reserve officer.  Therefore, we recommend the applicant’s records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a.  On 24 Aug 08, he was not discharged from the Regular Air Force, but on that date, he continued to serve on active duty until 15 Mar 09, when he tendered his resignation from all appointments and was honorably discharged.

      b.  On 16 Mar 09, competent authority approved his request for the Air Force Reserve Command Officer Affiliation Incentive Bonus in conjunction with his appointment as a Reserve of the Air Force officer.


The following members of the Board considered AFBCMR Docket Number BC-2013-02444 in Executive Session on 21 Aug 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02444 was considered:

	Exhibit A.  DD Form 149, dated 15 May 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 20 Sep 13, w/atch.
	Exhibit D.  Letter, ARPC/DPA, dated 12 Dec 13.
	Exhibit E.  Letter, AFRC/A1K, dated 31 Mar 14.
	Exhibit F.  Letter, SAF/MRBR, dated 12 May 14.
	Exhibit G.  Letter, Applicant, dated 19 May 14, w/atchs.