RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03307
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His date of separation (DOS) be changed to 1 May 14, rather than
28 Feb 14, to prevent a break in service.
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 Reserve.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 28 Feb 14, the applicant separated from the Regular Air
Force.
On 2 May 14, the applicant was appointed as an officer in the
Air Force Reserve and is currently serving in the grade of
captain (O-3) 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 DOS to prevent a break in service. Due to a delay
in processing of the 2 Dec 13 scroll at the Secretary of Defense
(SecDef) level, the applicant incurred a break in service
between his DOS and his 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 DOS 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 the applicants 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 17 Nov 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
28 February 14, the applicant was not released from active duty,
but on that date, continued to serve on active duty until
1 May 14, when he was released from active duty.
The following members of the Board considered AFBCMR Docket
Number BC-2014-03307 in Executive Session on 22 Apr 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 11 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPA, dated 12 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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