RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05058
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His date of separation (DOS) be changed to 26 Aug 13, rather
than 1 Jul 13, to eliminate a break in service.
APPLICANT CONTENDS THAT:
Due to recruiter error and the delay in the processing of the
5 Jul 13 scroll at the Secretary of Defense (SecDef) level, he
incurred a break in service between his DOS and his appointment
date in the Air Force Reserve.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 1 Jul 13, the applicant separated from the RegAF.
On 26 Aug 13, the applicant was appointed as an officer in the
USAFR. He is currently serving as a major (O-4) in the Air
Force Reserve.
The remaining relevant facts pertaining to this application are
described in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPA recommends approval. In accordance with Deputy SecDef
Memorandum, dated 2 May 05, states all military officer
appointments under Title 10, United States Code (USC), section
12203, not approved by 30 Jun 05, will be submitted to the
SecDef for approval.
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 date of separation for these officers to
prevent a break in service. SecDef General Council determined
the appointment date is the date SecDef approves the appointment
or the date the oath was administered, whichever is later. The
applicants break in service was due to no fault of his own.
Therefore, the appropriate action to eliminate the applicants
break in service would be to adjust the applicants DOS.
A complete copy of the ARPC/DPA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 21 Jul 14 for review and comment within 30 days
(Exhibit E). 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 an injustice. After a thorough
review of the evidence of record and the applicants complete
submission, it appears the applicants appointment date was
appropriately established in compliance with SecDef directive.
However, we note the Air Force office of primary responsibility
(OPR) indicates that the applicants break in service was due to
no fault of his own and should be corrected. Therefore, in an
effort to preclude the possibility of an injustice, we agree
with the recommendation made by the Air Force OPR and recommend
the applicants records 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 on
1 July 2013, the applicant was not released from active duty,
but on that date, continued to serve on active duty until
25 August 2013, when he was released from active duty and
transferred to the Air Force Reserve, effective 26 August 2013.
The following members of the Board considered AFBCMR Docket
Number BC-2013-05058 in Executive Session on 2 Dec 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 Forms 149, dated 9 Sep 13 and 20 Nov 13,
w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPA, dated 28 Jan 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 14.
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