RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04905
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His break in service be eliminated by extending his date of separation (DOS) from the Regular Air Force.
APPLICANT CONTENDS THAT:
His break in service between his DOS from the Regular Air Force to his appointment date in the Air Force Reserve was not due to any fault of his, but due to a delay in the scrolling process.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 13 May 05.
On 17 Mar 13, the applicant was honorably discharged and was credited with 7 years, 10 months, and 5 days of active service.
On 6 Jun 13, the applicant was appointed as a reserve officer in the grade of captain (O-3).
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 granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. In accordance with the Office of the Secretary of Defense (OSD) guidance regarding military officer appointments, the applicants name was scrolled at the OSD level 28 Jan 13, but due to a staffing delay in processing, the Secretary of Defense did not approve the applicants appointment until 6 Jun 13, resulting in a break in service for the applicant who separated from the Regular Air Force on 17 Mar 13. To correct breaks in service, SAF/GCI (previous office symbol SAF/GCM) and the AFBCMR have determined that the AFBCMR has the authority to adjust the officers DOS in these cases to prevent a break in service. ARPC has found no administrative error and concludes the break in service was no fault of the applicant.
A complete copy of the ARPC/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 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 did not separate from the Regular Air Force on 17 March 2013, but continued to serve on active duty until 5 June 2013, when he was honorably discharged and appointed in the Air Force Reserve, effective 6 June 2013.
The following members of the Board considered AFBCMR Docket Number BC-2013-04905 in Executive Session on 2 Oct 14, under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 20 Dec 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
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