RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01957
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
Her date of entry into the Air Force Reserves be corrected to
remove a break in service.
________________________________________________________________
APPLICANT CONTENDS THAT:
She submitted her scroll paperwork to her recruiter in March
2013, five months prior to her date of separation. Due to
delays in the scroll approval process, she was not scrolled and
her Reserve commission was not granted until 10 September 2013.
This delay caused a nine-day break in service.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant separated from the Regular Air Force on 31 August
2013. She transferred to the Air Force Reserves effective
10 September 2013; the date her appointment was approved by the
Secretary of Defense (SecDef).
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends approval. Due to a delay in processing the
6 May 2013 scroll at SecDef level, the applicant incurred a
break in service between her date of separation and her
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 her date of separation as 9 September 2013.
The complete DPA evaluation, with attachment, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 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 6 May 2013; yet her appointment was not approved
until 10 September 2013. 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that she was not
released from active duty on 31 August 2013, but on that date,
she was continued on active duty through 9 September 2013.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2014-01957 in Executive Session on 5 February 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 6 May 14, w/atchs.
Exhibit B. Letter, ARPC/DPA, dated 29 May 14, w/atch.
Exhibit C. Letter, SAF/MRBR, 29 Sep 14.
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