RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04624
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His appointment into the Air Force Reserve be changed from 28 Nov 12 to 16 Oct 12 to eliminate his break-in-service.
APPLICANT CONTENDS THAT:
Through no fault of his own, due to a delay in processing the scroll at the Office of the Secretary of Defense (SECDEF), he unjustly incurred a break-in-service between his date of separation (DOS) from the active duty and the date he was gained into the Air Force Reserve.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant received an Honorable discharge from active duty on 15 Oct 12.
Effective 28 Nov 12, under Reserve Order PC-00137, dated 8 Dec 12, 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 denial of the applicants request to change his date of appointment into the Air Force Reserve to 16 Oct 12; however, recommends granting an alternate form of relief. The applicants name was scrolled to AF/REP on 20 Aug 12, well in advance of his separation from active duty on 15 Oct 12. His appointment date in the Reserve was established by SECDEF approval on 28 Nov 12. Current policy does not allow for backdating commissioning dates as the applicant requests; however, SAF/GCM has determined the AFBCMR has the authority to adjust the DOS for an officer in order to prevent an unwarranted break-in-service. The applicants break-in-service was through no fault of his own and his DOS should therefore be changed to the day prior to his appointment into the Reserve to preclude a break in service.
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 evaluation 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 relief recommended by ARPC/DPA. While this is not the relief the applicant seeks, this Board is without authority to adjust appointment dates of commissioned officers. In this respect, we note that commissioned officers are appointed by virtue of the authority of the Secretary of Defense, which cannot be delegated. As such, neither the Secretary of the Air Force, nor this Board acting on the Secretarys behalf, has the authority to adjust the appointment of a commissioned officer. Therefore, we recommend the applicants records be corrected to the extent 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 the applicant was not released from active duty on 15 October 2012, but on that date, he continued to serve on active duty until 27 November 2012, when he was released from active duty and transferred to the Air Force Reserve, effective 28 November 2012.
The following members of the Board considered AFBCMR Docket Number BC-2013-04624 in Executive Session on 2 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 20 Aug 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 28 Oct 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
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