RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00246
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His military records be corrected to reflect he had no break in service between his date of separation (DOS) from the Regular Air Force to his appointment in the Air Force Reserve.
APPLICANT CONTENDS THAT:
His Ready Reserve Category B position was approved three months prior to his DOS from the Regular Air Force. However, he incurred a break in service between his DOS from the Regular Air Force to his appointment date in the Air Force Reserve. He believes this was simply an administrative error.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 28 Jun 09.
On 30 Jun 13, the applicant was furnished an honorable discharge, and was credited with four years and three months of active service.
On 31 Jul 13, the applicant was appointed as a reserve officer in the grade of major (O-4).
The remaining relevant facts pertaining to this application are described in the memoranda 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 on 25 Feb 13, but due to a staffing delay in processing, the Secretary of Defense did not approve the applicants appointment until 31 Jul 13, resulting in a break in service for the applicant who separated from the Regular Air Force on 30 Jun 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 is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit D). 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. 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 30 June 2013, but continued to serve on active duty until 30 July 2013, when he was honorably discharged and appointed in the Air Force Reserve, effective 31 July 2013.
The following members of the Board considered AFBCMR Docket Number BC-2014-00246 in Executive Session on 27 Jan 15 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 16 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPA, dated 11 Feb 14, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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