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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