RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01186
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His date of entry into the Air Force Reserves be corrected to
remove a break in service.
________________________________________________________________
APPLICANT CONTENDS THAT:
A delay in getting his scroll approved at the Secretary of
Defenses (SecDef) Office created a gap in his service. His
recruiter submitted the scroll for approval on 7 October 2013,
four months prior to his separation date of 31 January 2014.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant separated from the Regular Air Force on 31 January
2014. He transferred to the Air Force Reserves effective
12 February 2014; the date his appointment was approved by the
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 7 October 2013 scroll at SecDef
level, the applicant incurred a break in service between his
date of separation 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 11 February 2014.
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 30 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. The applicant contends that a delay in processing
caused a break in service. In this respect the applicants name
was scrolled on 7 October 2013; yet his appointment was not
approved until 12 February 2014. 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
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 31 January 2014, but on that date,
he was continued on active duty through 11 February 2014.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2014-01186 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 1 Mar 14, w/atchs.
Exhibit B. Letter, ARPC/DPA, dated 2 May 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 30 Sep 14.
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