RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00222
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her date of separation (DOS) from active duty be adjusted to reflect the day before her Reserve appointment date in order to remove a break-in-service.
APPLICANT CONTENDS THAT:
She unjustly incurred a break-in-service between her DOS from active duty and the date she was gained into the Air Force Reserve. This error caused her to have a bad participation year which delayed her promotion and altered her satisfactory service time.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate she was commissioned in the Regular Air Force on 28 May 2003.
On 24 January 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 SECDEFs approval of her appointment in the Reserve.
On 1 March 2011, the applicant was honorably discharged, with a narrative reason for separation of Reduction in Force, and was credited with seven years, nine months, and four days of total active service.
On 17 March 2011, under Reserve Order PC-00630, dated 8 August 2011, 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 approval, indicating the applicants records should be corrected to reflect her Date of Separation (DOS) was adjusted to the day prior to the date the SECDEF approved her appointment as a reserve officer. The applicants name was scrolled to AF/REP on 24 January 2011, well in advance of her separation from active duty on 1 March 2011. However, her appointment date into the Air Force Reserve was not established by SECDEFs approval until 17 March 2011, causing a break-in-service between her DOS and appointment in the Reserve. In accordance with (IAW) the Deputy SECDEF Memo, dated 2 May 05, all military officer appointments under Title 10 USC § 12203, not approved by 30 June 2005, will be submitted to the SECDEF for approval. The appointment date is the date the SECDEF approves the appointment or the date the oath was administered, whichever is later, and current policies do not allow for backdating oaths. Nevertheless, the AFBCMR has the authority to adjust the DOS for an officer in order to prevent an unwarranted break-in-service. In this case, ARPC found no administrative error and concluded the applicants break-in-service was through no fault of her own. As such, his DOS should be adjusted.
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 evaluations 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. Therefore, we recommend the applicants record be corrected as indicated below.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that she was not released from active duty effective 1 March 2011, but on that date, she was continued on active duty until 16 March 2011.
The following members of the Board considered AFBCMR Docket Number BC-2014-00222 in Executive Session on 6 January 2015, 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 15 December 2013.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 18 February 2014,
w/atch.
Exhibit D. Letter, SAF/MRBR, dated 8 September 2014.
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