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AF | BCMR | CY2013 | BC 2013 04007
Original file (BC 2013 04007.txt) Auto-classification: Approved
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 applicant’s 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 
applicant’s 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.  Applicant’s 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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