RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04865
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her break in service be removed and her original
Retention/Retirement date be reinstated.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She incurred a break in service because she was not scrolled
prior to separating from active duty on 26 October 2012.
In support of the applicants appeal, she provides a copy of her
Appointment Order/Reserve Order PC-00135 and documentation from
the Military Personnel Data System (MilPDS).
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant entered active duty on 31 May 2006.
The applicant received an honorable character of service on
26 October 2012 and transferred to the Air Force Reserve in the
grade of captain under the provisions of AFI 36-3207 (Completion
of Required Active Service). She served 6 years 4 months and
26 days on active duty. The date of her appointment was
approved by the Secretary of Defense (SecDef) on 28 November
2012.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPA recommends approval to reflect no break in service.
ARPC has found no administrative error and concludes the break
in service was no fault of the applicant.
Due to a delay in processing of the 20 August 2012 scroll at the
SECDEF level, the applicant incurred a break in service between
her date of separation (DOS) and appointment date into the Air
Force Reserve.
In accordance with the Deputy Secretary of Defense Memo, dated
2 May 2005, all military officer appointments under Section
12203 of Title 10, United States Code, not previously approved
by 30 June 2005, shall be submitted to the Secretary of Defense.
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 DOS for these officers to prevent a
break in service. OSD General Counsel determined the
appointment date is the date the Secretary of Defense approves
the appointment or the date the oath was administered, whichever
is later. The applicant was granted appointment in accordance
with the Office of Secretary of Defense directive.
If the Board agrees with the recommendation - the record should
be corrected to reflect his date of separation as 27 November
2012.
The complete DPA evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 May 2014, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days (Exhibit
C). As of this date, no response has been received by this
office.
________________________________________________________________
_
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. After a
thorough review of the evidence of record, we believe corrective
action is warranted. The applicant contends that a delay in
processing the scroll caused her to incur a break in service.
In this respect, the applicants name was scrolled on 20 August
2012; yet her appointment was not approved until 28 November
2012. This delay caused a break in her service. Therefore, we
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 the applicants service dates
should be corrected accordingly. Therefore, we recommend that
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 was
not released from active duty on 26 October 2012, but was
continued on active duty through 27 November 2012.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-04865 in Executive Session on 12 June 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 September 2013, w/atchs.
Exhibit B. Letter, ARPC/DPA, dated 20 December 2014, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 May 2014.
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