RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05389 XXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: The time he was retained in the Inactive Status List Reserve Section (ISLRS) from 31 Dec 97 through 22 Nov 05 be removed. ________________________________________________________________ APPLICANT CONTENDS THAT: His status as a member of the inactive reserve should have been terminated on 31 Dec 97, however, due to the Department of Defense (DoD) transition to electronic record keeping, he was erroneously (and in violation of DoD regulations) retained in ISLRS until 22 Feb 05. He was also permanently retained in the Inactive Reserve and his record was not reviewed in accordance with the applicable DoD regulations. By allowing the invalid status to remain in his record, his total commissioned service time expired on 14 Mar 13, forcibly separating him from service and denying him an opportunity to advance in grade. In support of his appeal, the applicant provides a copy of his orders reassigning him from ISLRS to the Air National Guard. The applicant’s complete submission, with attachment, 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 31 Dec 92, the applicant was involuntarily released from active duty with a reason for separation of involuntary release strength reduction and was transferred to the inactive Air Force Reserve. On 1 Jan 95, the applicant was transferred from the Non- obligation Non-participating Ready Personnel Section (NNRPS) to ISLSR. On 20 Nov 04, the applicant was reassigned to the Pennsylvania Air National Guard (PA ANG). The applicant was promoted to the grade of major having assumed that grade effective and with a Date of Rank (DOR) of 1 Oct 07. The applicant was credited with 16 years of satisfactory service. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends approval of discharge after three years in ISLRS effective 31 Dec 98. If approved, the applicant’s record should be corrected to show a 1 Jan 99 to 19 Nov 04 break in service up to his 20 Nov 04 assignment. When discharged, the applicant received separation pay and was transferred to the NNRPS on 31 Dec 92 for a period of three years. On 1 Jan 95, he went to ISLRS until he acquired an assignment with the ANG effective 20 Nov 04. 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. The complete DPTT evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant had no more documentation or comments to add and requested the Board expedite his application. The applicant’s complete response is at Exhibit E. ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case. The applicant contends that he was erroneously retained in ISLRS and should have been removed after three years. As a result, he will be mandatorily separated based on 28 years of commissioned service and believes that he has been the victim of an error or injustice. The Air Force Reserve office of primary responsibility (OPR) does admit to leaving the applicant in ISLRS over three years and recommends discharge effective 31 Dec 98; however, the recommended correction, in our view, would be detrimental to the applicant and would cause him unintentional harm. In this respect, we note, that the Secretary of the Air Force does not have appointment authority; therefore the applicant would become a civilian and incur a debt for separation pay and additional service. Aside, the applicant indicates that he will be mandatorily separated at 28 years of commissioned service; however, in accordance with the governing law and statutes, a Mandatory Separation Date (MSD) is not established on a commissioned officer in the grade of major until they have been twice deferred for promotion to the grade of lieutenant colonel. The applicant has not yet met the mandatory eligibility criteria for promotion consideration to the grade of lieutenant colonel. Therefore, in our view, he does not have an MSD. 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-2012-05389 in Executive Session on 27 Aug 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Nov 12, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/DPTT, dated 11 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13. Exhibit E. Letter, Applicant, dated 12 Feb 13. Panel Chair