RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03560
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect no break in service.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to a delay in the processing of the 10 Dec 12 scroll at the
Secretary of Defense (SECDEF) level, she had a break in service
from 14 Feb 13 to 21 Feb 13.
In support of her appeal, the applicant provides copies of her
appointment order, AF Form 100, Request and Authorization for
Separation, dated 14 Nov 12, with amendments.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 19 Dec 08, the applicant was commissioned in the Regular Air
Force. On 20 Jan 09, the applicant entered extended active
duty.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends approval of the applicant's request to
reflect no break in service. They found no administrative error
and conclude the break in service was at no fault of the member.
On 10 Dec 12, the applicant was placed on the scroll list. On
14 Feb 13, she was discharged from active duty. On 21 Feb 13,
the SECDEF approved the scroll and she was appointed into the
United States Air Force Reserves (USAFR).
DPA indicates 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 (DOS)
for these officers to prevent a break in service. The office of
the Secretary of Defense General Counsel (OSD/GC) 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.
The complete DPA evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 31 Oct 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 warranting
corrective action. Having carefully reviewed this application,
we agree with the recommendation of the Air Force office of
primary responsibility and adopt the rationale expressed as the
basis for our decision that the applicant has been the victim of
either an error or an injustice. Therefore, 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 that she did
not tender her resignation and was not discharged from all
Regular Air Force appointments on 14 Feb 13, but was continued
on active duty until 20 Feb 13, on which date she tendered her
resignation, was discharged from all Regular Air Force
appointments, and was released from active duty.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03560 in Executive Session on 17 Jun 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 was considered:
Exhibit A. DD Form 149, dated 18 Jul 13, with atchs.
Exhibit B. Applicants Available Military Records.
Exhibit C. Letter, ARPC/DPA, dated 27 Aug 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 31 Oct 13.
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