RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01741
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her date of separation (DOS) be changed to 11 Feb 14, rather
than 31 Dec 13, to eliminate a break in service.
APPLICANT CONTENDS THAT:
Through no fault of her own, she was not scrolled for
appointment as a reserve officer in time to prevent a break in
service when she transferred from the Regular Air Force to the
Reserve.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 31 Dec 13, the applicant separated from the Regular Air
Force.
On 12 Feb 14, the applicant was appointed as an officer in the
Air Force Reserve and is currently serving in the grade of
second lieutenant (O-1) in the USAFR.
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 14 Oct 13 scroll
at the Secretary of Defense (SecDef) level, the applicant
incurred a break in service between her Date of Separation (DOS)
and her appointment date in the Air Force Reserve. While the
applicants scroll was processed prior to her release from
active duty, it was not approved until after her 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, she 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 her own.
Therefore, the appropriate action to eliminate the applicants
break in service would be to adjust the applicants DOS to
coincide with her 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. In
response, the applicant concurs with the advisory
recommendation.
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
31 December 2013, the applicant was not released from active
duty, but on that date, continued to serve on active duty until
11 February 2014, when she was released from active duty.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01741 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 28 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPA, dated 23 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
Exhibit E. Letter, Applicant, dated 9 Aug 14.
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