RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04618 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The time he was retained in the Inactive Status List Reserve Section (ISLRS) from 1 Apr 99 through 23 Aug 03 be removed. ________________________________________________________________ APPLICANT CONTENDS THAT: His time in ISLRS should be removed and it would be an injustice to separate him just seven weeks short of reaching sanctuary. He should have been briefed that when he applied to come back into active participation status he would not be able to achieve enough good years to reach retirement eligibility. He should have been advised by the Air Reserve Personnel Center (ARPC) on the potential impact of not being removed from or retained in ISLRS would have had on his career. In accordance with the governing instructions he should have been removed from ISLRS. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records and the information provided by the Air Force office of primary responsibility (OPR), on 6 Dec 92, the applicant was released from active duty and was transferred to the Air Force Reserve. On 12 Mar 96, the applicant was transferred from the Non- obligation Non-participating Ready Personnel Section (NNRPS) to ISLSR. On 25 Aug 03, the applicant was reassigned to the Air Force Research Lab, at Wright-Patterson Air Force Base, Ohio. The applicant was promoted to the grade of major with an effective date and Date of Rank (DOR) of 1 Oct 05. He was subsequently promoted to the grade of lieutenant colonel with an effective date and DOR of 1 Oct 12. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends approval of the applicant’s request to be discharged after three years in ISLRS effective 12 Mar 99. The applicant’s record would then reflect a break in service from 12 Mar 99 to 24 Aug 03. In accordance with AFI 36-2115, Assignments within the Reserve Components, para 4.4.2.1., Reserve officers generally remain in ISLRS for three years after which they can be screened for involuntary discharge, resign their commission, or find an assignment in a participating Reserve program. The applicant should have been discharged after three years in ISLRS since he was ineligible to transfer to the Retired Reserve and failed to obtain an assignment. The complete ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 November 2012 for review and comment within 15 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not exhausted all remedies provided by existing law or regulations. In this respect, we note the applicant’s request comes at a time when he is approaching his Mandatory Separation Date (MSD) based on 28 years of commissioned service. A request for an MSD extension should be submitted at least six months prior to MSD. Therefore, we believe the applicant should apply for a waiver of his MSD through his senior leadership. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case. The applicant contends that he should have been briefed that when he applied to come back into active participation status that he would not be able to retire; he should have been briefed of the potential impact that being retained in ISLRS would have on his career; however, the applicant does not infer any responsibility on his part as to what role he had in ensuring his career advancement and desired goal of becoming an Air Force Reserve retired member. While we understand the circumstances surrounding the applicant’s request, we do not find the applicant completely without culpability. The Air Force Reserve office of primary responsibility (OPR) does admit to an error by leaving the applicant in ISLRS too long; however, it appears the applicant was content with being inactive during those years of commissioned service and now just prior to reaching his MSD, on 30 Jun 14, believes that he has been the victim of an error or injustice. The OPR recommends discharge, with reappointment effective 25 Aug 03; however, the recommended correction is not within the Board’s authority. In accordance with the governing Department of Defense and Air Force instructions, the Secretary of the Air Force does not have appointment authority; this authority has been delegated to the Secretary of Defense by the President of the United States. In view of this and since the applicant has an available avenue of administrative relief that he has not yet exhausted, we recommend he apply through his senior leadership for a waiver of his MSD. If successful, the applicant should be able to reach Sanctuary service, under the provisions of Title 10, United States Code, Section 12646 and afforded a Reserve retirement. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04618 in Executive Session on 25 Jul 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Oct 12, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/DPTT, dated 31 Oct 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 6 Nov 12. Vice Chair