RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04007
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
Her service dates be adjusted to remove her break in service.
________________________________________________________________
APPLICANT CONTENDS THAT:
Officers with a regular commission cannot be gained into the
United States Air Force Reserve (USAFR) until they are approved
on the scroll for a Reserve commission. On 28 Mar 13, she
agreed to accept a commission and the In-Service Recruiter
immediately added her to the scroll. She would not have
incurred a break in service if the scroll request was approved
prior to her 30 Jun 13 Date of Separation (DOS).
On 31 Jul 13, the scroll was approved and on 2 Aug 13, her
recruiter was notified.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Dec 01, the applicant was commissioned in the USAFR.
On 2 Jan 02, the applicant entered active duty in the Regular
Air Force.
On 11 Mar 13, the applicant was placed on the scroll. On 30 Jun
13, the applicant resigned her commission and was released from
active duty. On 31 Jul 13, the Secretary of Defense (SECDEF)
approved the scroll list and the applicant was appointed as a
Reserve officer.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends approval. DPA found no administrative error
and conclude the applicant was not at fault for the break in
service. DPA states that 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. Current policies do not
allow for backdating oaths; however, the Secretary of the Air
Force General Counsel (SAF/GCM) and the AFBCMR have determined
that the AFBCMR has the authority to adjust the DOS to prevent a
break in service.
The complete DPA 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 Nov 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 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.
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 the Board's 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 APPLICANT be corrected to show that she did
not tender her resignation and was not discharged from all
Regular Air Force appointments on 30 Jun 13, but on that date,
was continued on active duty until 30 Jul 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-2013-04007 in Executive Session on 8 Jul 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 2 Aug 13.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, ARPC/DPA, dated 22 Oct 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Nov 13.
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