RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01474
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His date of separation (DOS) be changed to 23 Oct 12, rather
than 27 Sep 12, to prevent a break in service. In the
alternative, his retention/retirement (R/R) date should be
adjusted to coincide with his commissioning date of 30 May 07.
APPLICANT CONTENDS THAT:
Through no fault of his own, he was not scrolled for appointment
as a reserve officer in time to prevent a break in service when
he transferred from the Regular Air Force to the Air National
Guard (ANG).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 27 Sep 12, the applicant separated from the Regular Air
Force.
On 24 Oct 12, the applicant was appointed as an officer in the
Air Force Reserve and is currently serving as a captain (O-3) in
the ANG.
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 approval in regards to adjusting the
applicants date of separation (DOS) to prevent a break in
service. Due to a delay in processing of the 10 Jul 12 scroll
at the Secretary of Defense (SecDef) level, the applicant
incurred a break in service between his DOS and appointment date
in the Air Force Reserve. While the applicants scroll was
processed prior to his release from active duty, it was not
approved until after his discharge, creating a break in service.
In accordance with Deputy SecDef Memorandum, dated 2 May 05, all
military officer appointments under Title 10, United States Code
(USC), section 12203, not approved by 30 Jun 05, will be
submitted to the SecDef for approval. Therefore, because the
applicants appointment as a Reserve officer had not been
approved, he was unable to be commissioned as a Reserve officer.
Current policies do not allow for backdating oaths; however,
SAF/GCM and the AFBCMR have determined that the AFBCMR has the
authority to adjust the date of separation for these officers to
prevent a break in service. SecDef General Council determined
the appointment date is the date SecDef approves the appointment
or the date the oath was administered, whichever is later. The
applicants break in service was due to no fault of his own.
Therefore, the appropriate action to eliminate the applicants
break in service would be to adjust his DOS to coincide with his
appointment in the Air Force Reserve.
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 4 Aug 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 applicants 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
for our conclusion that the applicant has been the victim of an
error or injustice. .Therefore, we recommend the applicants
records 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 on 27
September 2012, the applicant was not released from active duty,
but on that date, continued to serve on active duty until 23
October 2012, when he was released from active duty for
completion of required active service with an honorable
character of service.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01474 in Executive Session on 25 Feb 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 21 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPA, dated 5 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
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