RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05884
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.
His date of rank (DOR) to first lieutenant (1st Lt) be effective 20 July 2012 instead of 18 August 2012.
APPLICANT CONTENDS THAT:
He timely submitted the required documentation so that when he separated from active duty he would be gained directly into his reserve unit. However, due to unforeseen circumstances he was required to submit his paperwork on three separate occasions, resulting in a delay in his submission and causing a break in service. In addition, due to no fault of his own, the break in service caused his promotion to first lieutenant to be delayed.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate he was commissioned in the Regular Air Force, in the grade of second lieutenant (2nd Lt), effective 20 July 2010.
On 7 November 2011, 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 the Secretary of Defenses (SECDEF) approval of his appointment in the Reserve.
On 4 December 2011, the applicant was honorably discharged from the Regular Air Force, with a narrative reason for separation of Failure to Complete a Course of Instruction, and credited with 1 year, 4 months, and 15 days of active service.
On 3 January 2012, according to ARPC, the applicants Reserve appointment was approved by the Office of Secretary of Defense (OSD).
On 18 August 2012, the applicant was promoted to the grade of first lieutenant (1st Lt).
On 18 August 2014, the applicant was promoted to the grade of captain (Capt).
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 of the applicants request to reflect no break in service. Due to a delay in processing the 7 November 2011 scroll at the SecDef level, the applicant incurred a break in service between his separation from active duty and his appointment into the Reserves.
In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef.
Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the date of separation for these officers to prevent a break in service. The General Counsel determined the appointment date is the dated the SecDef approved 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.
There was no administrative error and the break in service was not caused by the applicant. His records should be corrected accordingly.
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 8 September 2014 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. As for his request that his date of rank (DOR) to first lieutenant (1st Lt) be effective 20 July 2012 instead of 18 August 2012, we have been advised by ARPC/DPA officials that his DOR will be administratively corrected with the elimination of the break-in-service. 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 4 December 2011, but on that date, he continued to serve on active duty until 2 January 2012.
The following members of the Board considered AFBCMR Docket Number BC-2013-05884 in Executive Session on 4 December 2014, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05884 was considered:
Exhibit A. DD Form 149, dated 16 December 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 27 February 2014, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 8 September 2014.
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