RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02091
            INDEX CODE:  102.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The date of his  discharge  from  the  Inactive  Status  List  Reserve
Section (ISLRS) be changed from 9 Feb 78 to 9 Jul 76.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was released from active duty in Mar  74.   His  six-year  military
service obligation (MSO) ended in Sep 74.  He was contacted in Jul  76
that he was to be  administratively  discharged  from  the  Air  Force
Reserve (ISLRS).  He firmly believes that he was  discharged  on  that
date.  He joined the United States Naval Reserve  in  1981.   At  that
time, his records were not supposed to reflect the period of  time  in
ISLRS.  This time is paramount in that it shortens the date of his  30
years of commissioned service in the United States Naval Reserve.

In support of his appeal, the applicant provided an expanded statement
and a letter from the Personnel Support Division (ARPC/DPAF) regarding
correction of his military records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force,
on 20 Dec 68.  He was released from active duty  on  4 Mar 74  in  the
grade of captain and transferred  to  the  Obligated  Reserve  Section
(ORS) on 5 Mar 74.

By Reserve  Order  HB-004601,  dated  1  Sep  74,  the  applicant  was
reassigned to ISLRS effective 30 Sep 74.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommended denial noting that on 28 Jul  76,  the  Discharge
Branch (ARPC/DPAAD) notified the applicant by letter that he was being
screened for  possible  administrative  discharge,  due  to  prolonged
assignment to ISLRS.  The applicant was offered a number of options as
a result of the ISLRS screening process  and  he  chose  to  pursue  a
possible assignment with the Ready Reserve.  This stopped any  further
administrative discharge board action for  the  immediate  future  and
allowed the applicant to remain in ISLRS to search for a participating
assignment.  On 11 Aug 77, DPAAD informed the applicant his  case  was
being referred to an administrative discharge board since confirmation
of the applicant receiving a Ready  Reserve  participating  assignment
had not been received.  The applicant  replied  to  DPAAD  stating  he
still wanted help in  acquiring  an  assignment  but  was  told  in  a
telephone conversation that no such  assignment  was  available.   The
applicant’s case was reviewed in a disposition board that  met  on  17
Nov 77, and the board recommended the applicant’s retention  in  ISLRS
be terminated and he  be  honorably  discharged  from  the  Air  Force
Reserve.  The Commander of ARPC approved these recommendations and the
applicant was formally discharged from the Air Force Reserve effective
9 Feb 78.

ARPC/DPP  stated  that  they  are  in  agreement  with  the   detailed
explanation  the  Personnel  Support  Division  (ARPC/DPAF)  sent  the
applicant explaining how the assignment  process  works  and  how  the
service time is calculated with one exception.   The  applicant’s  MSO
started on his initial entry into military service on 9 Jul 68, giving
him an MSO of six years until 8 Jul 74, in  accordance  with  AFI  36-
2115, Table 5.2, Rule 3.  Their review of the applicant’s  record  did
not reveal anything contrary to what has already been explained  other
than this, and they found no relevant evidence to justify a change  of
service dates.

According to ARPC/DPP, the  applicant  was  properly  advised  of  the
options available while assigned to ISLRS and  correspondence  in  his
record shows he opted to obtain an assignment, resulting in  extending
the time in this Reserve category.

A complete copy of the ARPC/DPP evaluation,  with  attachment,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant  indicated  he  would  simply  like  to
reiterate that he firmly believes he was discharged in Jul 76 due to a
prolonged assignment in ISLRS.  At that time, he  replied  stating  he
would like to participate in an active Air Force Reserve  status  only
if offered an assignment to a  Ready  Reserve  unit  at  McChord  AFB,
Washington.  He also had contacted the section handling Reserve status
affairs  and  they  also  confirmed  that  he  was  under  no  further
obligation at that time.  Eventually, he was sent another Notification
of Proposed Action letter on 11  Aug  77  stating  that  he  would  be
discharged from ISLRS (although he thought he was  already  discharged
in Jul 76). This letter also stated that he was not in a Ready Reserve
status.  He was sent another letter on 9 Feb 78 stating  that  he  was
finally discharged.  He did not realize that  these  later  dates  and
correspondence erroneously  leaving  him  in  ISLRS  would  eventually
affect his 30-year commissioning date of  service.   He  categorically
should not have been  extended  in  ISLRS.   He  believes  the  errors
occurred in his ISLRS periods was due to the fact that he had sent  in
a letter of interest for assistance in finding an  Air  Force  Reserve
unit and was  not  attended  for  any  other  purpose.   That  somehow
incorrectly extended his time in ISLRS.  Again, this was an  oversight
error.

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  The  evidence  of  record  indicates
that the applicant  was  assigned  to  ISLRS  on  30 Sep  74  and  was
eventually discharged from the Air Force Reserve on 9 Feb 78  after  a
prolonged assignment in ISLRS.  The applicant now  requests  that  his
records be corrected to reflect that he was discharged on  9  Jul  76,
claiming that after receiving notification, he believed he was  to  be
discharged in Jul 76.  However, after a thorough review of  the  facts
and circumstances of this case, we note  the  applicant  was  notified
that he was being screened for possible administrative discharge.   It
appears that he was offered a number of options as  a  result  of  the
screening process and chose to pursue a possible reassignment  out  of
ISLRS, which continued until Aug 77, when he  was  informed  that  his
case was to be referred to a administrative discharge board. The board
convened on 17 Nov 77 and recommended that his retention in  ISLRS  be
terminated and he be honorably discharged, which occurred on 9 Feb 78.
 No evidence has been presented which
would lead the Board to believe that the additional time the applicant
was assigned to ISLRS was erroneous, or that he was improperly advised
regarding his options while assigned to ISLRS.  Notwithstanding  this,
a majority of  the  Board  notes  that  the  applicant  continued  his
military service in the Naval Reserve after his discharge, where he is
currently serving as a Senior Naval Officer.  It appears now  that  he
has been offered the opportunity for an active  duty  assignment  with
the Navy.  However, because the inclusion of his time in  ISLRS  would
result in his exceeding his mandatory service date (MSD), he would  be
prevented from accepting the assignment.  The majority also notes  the
applicant's dedicated service to his country over the  years  and  his
willingness to continue to be of service to  the  nation.   Therefore,
the majority believes that the applicant should not be precluded  from
rendering further service if  the  Navy  desires  to  have  him.   The
majority notes the applicant's request that his date of discharge from
ISLRS be changed to 9 Jul 76.  However,  since  it  appears  that  the
applicant's MSO ended on 9 Jul 74, a majority of the Board is inclined
to  change  his  discharge  date  to  his  MSO  expiration  date,  and
recommends that his records be corrected as set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 9 Jul 74,  he  was
discharged from all appointments in the United States Air Force.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
02091 in Executive Session on 11 Mar 03, under the provisions  of  AFI
36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. George Franklin, Member
      Ms. Martha Maust, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Van Gasbeck voted to deny relief but did not  desire
to submit a minority report.  The following documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 24 Nov 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPP, dated 20 Dec 02, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
     Exhibit E.  Letter, applicant, dated 10 Jan 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair









AFBCMR 02-02091




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 on 9 Jul 74, he was
discharged from all appointments in the United States Air Force.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency