RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02630
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His date of separation from active duty in the Regular Air
Force be adjusted to reflect the day before his appointment in
the Air Force Reserve (AFR) to eliminate a break in service.
2. His Date of Rank (DOR) be adjusted to the DOR he had while
on active duty.
3. His eligibility for the Transition Assistance Management
Program (TAMP) be reinstated.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was negatively impacted by an administrative error. He
was told that he did not need to be scrolled but, he did need to
be scrolled and that resulted in a break in service. This error
was in no way his fault. He has exhausted all remedies provide
by existing law or regulation.
2. He began the process of transitioning from active duty to
the AFR with more than sufficient time to be appointed in the
AFR with no break-in-service, however, on 4 February 2013, he
was told that he needed to be scrolled. The paperwork for
scrolling was submitted on 6 February 2013, and approved on
8 March 2013. The approval was after the effective date of his
separation from active duty and too late to avoid a break in
service. This was also unfortunately at the same time that a
Military Personnel Data System (MilPDS) upgrade was being
completed and no appointment actions into the AFR were being
accomplished until sometime after 27 March 2013. The break-in-
service created the following issues:
a. His DOR was reset from 1 January 2008 to
11 August 2010, which pushes his promotion eligibility more than
two-and-a-half years further into the future. Thus, he is
ineligible for a position vacancy promotion in 2014 which was a
possibility given the manning structure of his current unit.
b. Because of the break, he was ineligible for Tricare
coverage under the Transitional Assistance Management Program,
which provides 180 days of coverage for an individual who
separates from active duty with an agreement to immediately
become a member of the Selected Reserve. Because of this lost
entitlement, he was forced to purchase Tricare Reserve Select
coverage, which (due to the MilPDS upgrade) was not available to
him until 1 May 2013 resulting in two months without medical
coverage.
c. His appointment into the AFR was delayed. He was
expecting to receive compensation beginning in March, which was
delayed until May, and his retirement eligibility time has been
extended.
In support of his request, the applicant provides a personal
statement; copies of his ARPC IMT 92, Appointment Order, DD Form
214, Certificate of Release or Discharge from Active Duty,
documents extracted from his military personnel record, and
supporting email correspondence.
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/DPA recommends approval. DPA states that they found no
administrative error and conclude the break-in-service was no
fault of the applicant. DPA 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. The Office of
Secretary of Defense (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 OSD
directive. Therefore, they recommend approval of the
applicants request to reflect no break in service.
The complete ARPC/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 5 August 2013 for review and comment within 30 days
(Exhibit D). To date, a response has not been received by this
office.
________________________________________________________________
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 corrective 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 25 February 2013; yet his
appointment was not approved until 8 March 2013. This delay
caused a break in his service. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility (OPR) 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
Transitional Assistance Management Program (TAMP) benefits be
reinstated. We have been advised by the OPR that with the
correction of the service dates the TAMP benefits will be
administratively corrected. 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 he was not
released from active duty effective 1 March 2013, but on that
date, he was continued on active duty through 7 March 2013.
_______________________________________________________________
The following members of the Board considered this application
in Executive Session on 18 February 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02630 was considered:
Exhibit A. DD Form 149, dated 24 May 2013, w/atchs.
Exhibit C. Letter, ARPC/DPA, dated 10 July 2013.
Exhibit D. Letter, SAF/MRBR, dated 5 August 2013.
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