RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02522
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. Her break-in-service between 1 Apr 13 to 16 Apr 13 be
removed.
2. She be considered for promotion by a Special Selection Board
(SSB) for the Calendar Year 2014 (CY14) Line and Nonline Major
Promotion Board.
APPLICANT CONTENDS THAT:
Her break-in-service is through no fault of her own.
She initiated the process of transferring to the Air Force
Reserve, in Dec 12; however, she was told by her In-Service
Recruiter to return in Jan 13 to complete her paperwork. Due to
some administrative errors, her scroll was not submitted until
14 Mar 13. This resulted in her not being scrolled until 17 Apr
13.
Subsequently, she was not able to meet the Major Promotion board
and request that her break-in-service be removed and that she is
considered for a Special Selection Board (SSB).
The applicantÂ’s complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 21 Apr 04, the applicant was appointed as a second lieutenant
in the Regular Air Force.
On 1 Apr 13, the applicant resigned her Regular Appointment and
was credited with 8 years, 9 months, and 7 days of active duty
service.
AIR FORCE EVALUATION:
ARPC/DPA recommends approval of the applicant's request to
reflect no break in service. They found no administrative error
and conclude the break in service was at no fault of the member.
DPA advise that implementation of the Secretary of the Air Force
General Counsel (SAF/GCM) advisory, grants the AFBCMR authority
to adjust the Date of Separation (DOS).
Due to a delay in processing of the 21 Jan 13 scroll at
Secretary of Defense (SECDEF) level, which was created by the
In-Service Recruiter's late submission, the applicant incurred a
break in service between applicant's DOS and appointment date
into the Air Force Reserve.
In accordance with Deputy Secretary of Defense Memo, dated 2 May
2005, all military officer appointments under Section 12203 of
Title 10, United States Code, not previously approved by 30 Jun
05, shall be submitted to the SECDEF.
DPA indicates that current policies does not allow for
backdating oaths; however, SAF/GCM and the AFBCMR have
determined that the AFBCMR has the authority to adjust the DOS
for these officers to prevent a break in service. The office of
the Secretary of Defense General Counsel (OSD/GC) 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 OSD
directive.
The complete DPA evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 1 Dec 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 error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case and agree with the opinion and recommendation
of the Air Force Reserve office of primary responsibility and
adopt its rationale as the basis for our conclusion the
applicant has been the victim of an error or injustice. In
addition, we note that ARPC recommends that by removing the
break in service, the applicant would be eligible for
consideration by a Special Selection Board in lieu of the
CY14 Line and Nonline Major Promotion Board. Therefore, we
recommend the applicant's records be corrected to the extent
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:
a. On 1 Apr 13, she was not released from active duty, but
on that date she was continued on active duty through 16 Apr 13,
and was then released from active duty.
b. It is further recommended that her corrected record be
considered for promotion to the grade of major by a Special
Selection Board in lieu of the Calendar Year 2014 Major Line and
Nonline Promotion Board.
The following members of the Board considered AFBCMR Docket
Number BC-2014-02522 in Executive Session on 14 Apr 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 17 Jun 14, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 18 Aug 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Dec 14.
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