RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04644 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he was retained on the Inactive Status List Reserve Section (ISLRS) for only three years so that his Mandatory Separation Date (MSD) may be extended. ________________________________________________________________ APPLICANT CONTENDS THAT: Due to multiple deaths in his family, he was named the Administrator/Executor of three estates. Because of this, he had to extend his current stay in the Inactive Reserves for several years. However, the workload associated with these responsibilities is waning and now allows him to pursue a reserve assignment. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating there is no evidence of an error or injustice. On 30 Nov 05, the applicant was discharged from the New York Air National Guard and transferred to the Non-Obligated Ready Personnel Section (NNRPS). On 22 May 07, he was transferred to ISLRS. On 7 Apr 10, the applicant was sent a certified notification advising him that he was pending separation from ISLRS and transfer to the Retired Reserve or discharged in accordance with the governing policy that limits membership in ISLRS to three years. However, since then, the applicant has requested and was granted seven different extensions to find an assignment where he could return to active status. While AFI 36-2115, Assignments within the Reserve Components, indicates that Reserve officers are generally assigned to ISLRS for only three years, the applicant made multiple requests for an extension. On 10 Jul 12, he was sent a letter advising him that he will be transferred to the Retired Reserve on his mandatory separation date (MSD) of 1 Jun 13. A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submits that his civilian position as a full-time Safety Manager with JetBlue Airways and the requirement to maintain flight proficiency precluded him from dedicating the required time to maintain currency and serve in his reserve capacity. He also reiterated that, beginning in September 2007, the deaths of multiple family members was the beginning of a series of legal issues he became responsible for handling. He provided additional documentation substantiating the validity of his responsibility to handle the estates of his deceased family members; however, those issues are now subsiding and he is able to pursue and assignment to serve in his reserve capacity. Also now that these issues have been resolved, he strongly desires to use his experience to pursue a reserve assignment with the Navy. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, including his rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, 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-2012-04644 in Executive Session on 25 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Sep 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 9 Jan 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13. Exhibit E. Letter, Applicant, dated 8 Feb 13, w/atchs. Panel Chair