RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01282
INDEX CODE:135.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
On 15 February 1996, he was transferred from his Reserve Assignment to the
Air Reserve Personnel Center (ARPC) for his own convenience rather than
because of unsatisfactory participation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Personnel Plans Division, AFRC/DPM, reviewed the application and
recommends denial. AFRC/DPM states that based on the information available
they are unable to confirm the applicant’s claim that he submitted a
request for reassignment. However, even if the applicant did submit such a
request, he remained obligated to participate with his assigned unit until
his request was approved.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 17 August 2001, for review and response. 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 probable error or injustice. After reviewing the evidence
provided, we believe adequate doubt has been created concerning the
fairness and propriety of the procedures used to reassign the applicant to
ARPC for "unsatisfactory participation." Although the Unit's records
regarding the applicant are now missing, documentation provided by the
applicant appears to indicate he did in fact notify his unit of his
inability to meet required Unit Training Assemblies and requested
reassignment to the inactive Reserve. Furthermore, a review of the
applicant’s service history prior to his reassignment request is
satisfactory. There is no evidence from ARPC that the applicant had been
advised in writing that his performance had changed from satisfactory to
unsatisfactory, or that he was warned that the reassignment action would be
pending. Based on there being no indication from the Air Force Reserve that
it gave advance notice to the applicant, and based on evidence presented by
the applicant, and in the absence of a basis to question the integrity of
this individual, we recommend that any doubt be resolved in favor of the
applicant and conclude that the reason for his assignment to ARPC should be
changed. 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 APPLICANT, be corrected to show that effective 15 February 1996, he was
transferred from his Reserve assignment to the Air Reserve Personnel Center
for the convenience of the Government, rather than because of
unsatisfactory participation.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 3 October 2001, under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chairman
Ms. Marcia J. Bachman, Member
Mr. Clarence D. Long, III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 April 2001 w/atchs.
Exhibit B. Applicant’s Master Personnel Records
Exhibit C. Letter, AFRC/DPM, dated 6 August 2001.
Exhibit D. Letter, SAF/MIBR, dated 17 August 2001.
JOHN L. ROBUCK
Panel Chair
AFBCMR 01-01282
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to, be corrected to show that effective 15 February 1996, he was
transferred from his Reserve assignment to the Air Reserve Personnel
Center for the convenience of the Government, rather than because of
unsatisfactory participation.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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