RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02316
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her break in service following her separation from active duty and
appointment in the Individual Ready Reserve (IRR) be eliminated.
APPLICANT CONTENDS THAT:
Upon approval of her separation, she took all the necessary steps
in coordination with her Reserve recruiter to enter the IRR
immediately following separation.
On 11 Mar 12, she received verbal notification of the transition
and was issued an Identification (ID) card indicating her IRR
status. Her authorization for separation included an amendment
dated 15 Feb 12 indicating she was being assigned to the Air
Reserve Personnel Center (ARPC).
It is her understanding she should not have incurred a break in
service as currently annotated on her Reserve appointment order
and should have immediately entered the IRR from active duty.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 28 May 03, the applicant entered the Regular Air Force.
Her AF IMT 973, Request and Authorization for Change of
Administrative Orders, Order AF-047161 dated 23 Feb 12, reflects
her separation orders were amended to reflect assignment to ARPC.
According to her DD Form 214, Certificate of Release or Discharge
from Active Duty, she resigned her commission effective 10 Mar
12 and was separated with a narrative reason for separation of
Pregnancy or Childbirth.
According to ARPC IMT 92, Appointment Order, Reserve Order PC-
01117 dated 9 Jul 12, she was appointed in the IRR, Category E,
with date of appointment and assignment of 29 May 12.
AIR FORCE EVALUATION:
ARPC/DPA recommends approval of the applicants request to reflect
no break in service. ARPC found no administrative error and
concludes the break in service was no fault of the applicant.
Current policies do not allow for backdating oaths; however, the
Secretary of the Air Force General Counsel Military Law (SAF/GCM)
and the Board determined that the Board has the authority to
adjust the Date of Separation (DOS) for these officers to prevent
a break in service. Office of the Secretary of Defense General
Counsel (OSD/GC) determined the appointment date is the date the
Secretary of Defense approved the appointment or the date the oath
was administered, whichever is later. The applicant was granted
appointment In Accordance With (IAW) the OSD directive.
A complete copy of the DPA evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 1 Aug 14 for review and comment within 30 days (Exhibit C). 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 error or injustice. Having carefully reviewed
this application, we agree with the recommendation of the Air
Force office of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has
been the victim of either an error or an injustice. Therefore, we
recommend that the applicants record be corrected as indicated
below.
THE BOARD RECOMMENDS 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 effective 10 Mar 12 but on that date,
she was continued on active duty through 28 May 12.
The following members of the Board considered AFBCMR Docket Number
BC-2014-02316 in Executive Session on 17 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jun 14, w/atchs.
Exhibit B. Memorandum, ARPC/DPA, dated 7 Jul 14, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 1 Aug 14.
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