RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04462
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
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.
APPLICANT CONTENDS THAT:
He unjustly incurred a break-in-service between his DOS from active duty and the date he was gained into the Air Force Reserve, through no fault of his own, but due to a delay in processing the Scroll at the Office of the Secretary of Defense (SECDEF).
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate he was commissioned in the Regular Air Force on 31 May 06.
On 11 Mar 13, according to the Air Reserve Personnel Center (ARPC), the applicants name was scrolled to the Personnel Division Office of the Air Force Reserve (AF/REP) for SECDEFs approval of his appointment in the Reserve.
On 12 Jul 13, the applicant was honorably discharged, with a narrative reason for separation of Completion of Required Active Service, and was credited with 7 years, 1 month, and 12 days of total active service.
On 31 Jul 13, under Reserve Order PC-00665, dated 20 Sep 13, the applicant was appointed into the Air Force Reserve.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPA recommends approval, indicating the applicants 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 applicants name was scrolled to AF/REP on 11 Mar 13, well in advance of his separation from active duty on 12 Jul 13. However, his appointment date into the Air Force Reserve was not established by SECDEFs approval until 31 Jul 13, causing a break-in-service between his DOS and appointment in the 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. 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. Nevertheless, the AFBCMR has the authority to adjust the DOS for an officer in order to prevent an unwarranted break-in-service. In this case, ARPC found no administrative error and concluded the applicants break-in-service was through no fault of his own. As such, his DOS should be adjusted.
A complete copy of the ARPC/DPA evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluations was forwarded to the applicant on 6 Jan 14 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 injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief should be granted. Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief. 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 the APPLICANT be corrected to show that he was not released from active duty on 12 July 2013, but on that date, he continued to serve on active duty until 30 July 2013, when he was released from active duty and transferred to the Air Force Reserve, effective 31 July 2013.
The following members of the Board considered AFBCMR Docket Number BC-2013-04462 in Executive Session on 16 Sep 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 30 Aug 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 18 Nov 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
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