RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00979
INDEX CODE: 113.00
XXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 October 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Total Federal Commissioned Service (TFCS) be decreased by the amount of
time (five years and nine months) he spent in the Inactive Status List
Reserve Section (ISLRS) to allow him to stay longer in active or
participating Reserve status.
_______________________________________________________________
APPLICANT CONTENDS THAT:
The time he spent in ISLRS is treated as a break in service for some
computations, but not for others, with no logical reason for the
differences. Nowhere in any regulation, code, or law does it specifically
state that time in ISLRS should be credited specifically for TFCS time.
Counting ISLRS for TCFS is unjust. It is not called for by regulation or
law, and is unnecessary.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the Air Force Reserve
in the grade of major with a Total Federal Commissioned Service Date
(TFCSD) and Total Years Service Date (TYSD) of 26 March 1983.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends denial of the applicant’s request. DPA states that the
applicant’s ISLRS time was correctly credited to his TFCSD according to
regulations. The applicant could have resigned his commission at any time
during the ISLRS period, but did not. He retained his Reserve commission
and military status which is creditable towards TFCSD.
DPA states if the Board decides to grant the applicant’s request, recommend
the applicant records be corrected to reflect his TFCSD and TYSD as 26
December 1988 and an ISLRS break in service of five years and nine months.
The DPA evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He is very disappointed that the Air Force advisory opinion did not address
any of his carefully thought out points. The advisory opinion indicates he
could have resigned his commission during his time in ISLRS; however, he
fails to see the connection and feels their point is immaterial. Whether
or not he resigned his commission has nothing to do with the inactive
status of providing, or not providing service, active, nonactive, or
inactive in ISLRS or elsewhere. His commission was inactive with no
service provided, not even on standby; therefore, that is a break in
service.
The applicant’s rebuttal 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 probable error or injustice. A majority of the Board took
notice of the applicant's complete submission in judging the merits of the
case and do not find that it supports a determination the applicant’s
commissioned time in ISLRS was improperly credited. The Board majority
noted the applicant’s contentions that his time in ISLRS should not be
counted towards his TFCSD; however, he has provided no evidence to support
that he he was treated differently than any other member in a similar
situation. In view of the above and absent persuasive evidence that the
applicant was denied rights to which entitled, appropriate regulations were
not followed, or appropriate standards were not applied, the Board majority
agrees with the opinion and recommendation of the Air Force and adopts
their rationale as the basis for their conclusion that the applicant has
not been the victim of an error or injustice. Therefore, the majority of
the Board finds no compelling basis to recommend granting the relief sought
in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the Board finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 13 July 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Jan Mulligan, Member
Ms. Josephine L. Davis, Member
By a majority vote, the Board recommended to deny the application. Ms.
Mulligan voted to grant the applicant’s request; however, chose not to
submit a minority report. The following documentary evidence was
considered in connection with AFBCMR Docket Number BC-2006-00979:
Exhibit A. DD Form 149, dated 24 Mar 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/ DPA, dated 28 Apr 06, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 5 May 06.
Exhibit E. Applicant’s Rebuttal, dated 9 May 06.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2006-00979
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXXXXXXXXXXXXXXXXXXXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review
Boards Agency
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