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AF | BCMR | CY2006 | BC-2006--01185
Original file (BC-2006--01185.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01185
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXXXXX                  COUNSEL:  NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 October 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reason for involuntary reassignment be changed so he can enlist  in  the
Air Force Reserve (AFR) or Air National Guard (ANG).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was unaware he had a contract for participation in the AFR following  his
separation from active duty.

In support of his application, the applicant provides copies of his DD  Form
214; Reserve assignment order;  and  reassignment  order  to  the  Obligated
Reserve Section (ORS).

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

_________________________________________________________________

STATEMENT OF FACTS:

On 28 September 1998, the applicant was honorably released from the  Regular
Air Force for completion of required active service and transferred  to  the
Air Force Reserve (AFR) in the grade of senior  airman  (E-4)  effective  28
September 1998.  He had served four years of active duty in the  Air  Force.


On 24 February 1999, the applicant was voluntarily reassigned from  the  Air
Reserve Personnel Center (ARPC)  to  an  Individual  Mobilization  Augmentee
(IMA) Reserve position as a  security  forces  journeyman.   His  assignment
order, dated 8 February  1999,  identified  his  fiscal  year  participation
requirements as 24 inactive duty training (IDT)  periods  and  a  12-14  day
annual tour (AT).  It also identified his  retention  and  retirement  (R&R)
year requirements of 50 points.

Reserve Order DA-03163, dated 19  May  2000,  involuntarily  reassigned  the
applicant  to  the  ORS  effective   8   March   2000   for   unsatisfactory
participation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1BL recommends denial of the applicant’s request to change his  reason
for involuntary reassignment.  It is A1BL’s opinion the  applicant  has  not
provided information that substantiates an error or  injustice  occurred  in
his reassignment to the Air Reserve Personnel Center  (ARPC).   A1BL  states
the applicant believes he is not qualified to reenter the Air Force  Reserve
(AFR) because he was reassigned for unsatisfactory  participation;  however,
he is eligible to reenter the AFR with an approved  waiver.   The  applicant
is not eligible to join the ANG because the  ANG  does  not  accept  members
that have been reassigned to ARPC based on unsatisfactory participation.

The complete AFRC/A1BL evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  9
June 2006 for review and response within 30 days.  As of this  date,  this
office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

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 in judging the merits of the case and do not  find  that
it supports a determination that the reason for the applicant’s  involuntary
reassignment from the Air Force Reserve was in error  or  unjust.   We  note
the applicant’s  contentions  that  he  was  unaware  of  his  participation
requirements in the Reserve  following  his  separation  from  active  duty;
however, his assignment order, dated 8  February  1999,  clearly  identifies
his participation requirements as 24 IDT periods  and  a  12-14  day  annual
tour per fiscal year.  We also note the applicant  is  eligible  to  reenter
the AFR with an approved waiver.  In view of these findings, we  agree  with
the  opinions  and  recommendation  of  the  Air  Force  Office  of  Primary
Responsibility and adopt their rationale as a basis for our conclusion  that
the applicant has not been the victim of either an error  or  an  injustice.
In the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this appeal.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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 this application in  Executive
Session on 9 August 2006 under the provisions of AFI 36-2603:

      Mr. Christopher D. Carey, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Mr. Grover L. Dunn, Member


The following documentary evidence for AFBCMR Docket Number
BC-2006-01185 was considered:

      Exhibit A.  DD Form 149, dated 11 Apr 06, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFRC/A1BL, dated 6 Jun 06.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 06.




                                  CHRISTOPHER D. CAREY
                                                   Panel Chair

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