RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00347
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His date of entry into the Air Force Reserves be corrected to
remove a 9-day break in service.
________________________________________________________________
APPLICANT CONTENDS THAT:
His paperwork was complete and showed that he should not have
had a break in service. The week of his separation, his
recruiter realized he would not be scrolled by his date of
separation (DOS). He was told that he would be able to correct
this once he in-processed into the Reserves.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant separated from the Regular Air Force on 16 August
2013. He transferred to the Air Force Reserves effective
26 August 2013; the date his appointment was approved by the
Secretary of Defense (SecDef).
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends approval. 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.
Due to a delay in processing the 5 July 2013 scroll at SecDef
level, the applicant incurred a break in service between his DOS
and his appointment date into the Air Force Reserves.
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 has determined
the appointment date is the date SecDef approves 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. If the Board agrees with the
recommendation, the applicants records should be corrected to
reflect his date of separation as 25 August 2013.
The complete DPA evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 September 2014, for review and comment within
30 days (Exhibit C). As of this date, this office has received
no response.
________________________________________________________________
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 error or injustice. After a
thorough review of the evidence, we believe correction action is
warranted. Therefore, we 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 the
applicants service dates should be corrected accordingly.
Therefore, we recommend that the applicants record be corrected
as indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was not
released from active duty on 16 August 2013, but on that date, he
was continued on active duty through 25 August 2013.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2014-003474 in Executive Session on 8 January 2015,
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 24 Jan 14, w/atchs.
Exhibit B. Letter, ARPC/DPA, dated 12 Mar 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, 15 Sep 14.
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