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AF | BCMR | CY2006 | BC-2006-01909
Original file (BC-2006-01909.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01909
            INDEX CODE: 135.03
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Dec 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His assignment to the Inactive Status List Reserve Section (ISLRS) for
the period 22 Nov 04 to 20 Apr 06 not be included  in  his  assignment
history.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He began the process to get back into the military as an Active  Guard
and  Reserve  (AGR)  member  prior  to  being  moved  from  the   Non-
obligated/Non-participating Ready Personnel Section (NNRPS) to  ISLRS.
He had already been interviewed and hired prior to the move,  but  the
Flying Class III physical took almost two years to get approved due to
surgery he underwent for an injury that occurred during a combat  jump
operation while on active duty.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a 2nd  lieutenant  in  the  USAF  Reserves
(USAFR) on 13 Jul 94,  discharged  from  active  duty  on  21 Nov  02,
transferred to the Individual Ready Reserve (IRR), and assigned to the
NNRPS on 22 Nov 02.  He was subsequently reassigned to ISLRS on 22 Nov
04.  He applied  for  a  new  assignment  as  an  AGR,  however;  this
assignment was not effective until 20 Apr 06.  He is currently serving
as an AGR in the grade of captain.  AFI 36-2115, Assignment within the
Reserve Components, para. 4.3.3.3.,  states  “Reassign  officers  from
NNRPS to ISLRS if they do not get a participating assignment  after  2
years. . . ”
_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends denial because, based on the data available in the
military personnel data system (MILPDS) at the time,  the  applicant’s
assignment to ISLRS  was  appropriate.   The  effective  date  of  the
applicant’s AGR assignment was 17 months  after  he  was  assigned  to
ISLRS.  Unfortunately, the medical clearance was not  completed  in  a
timely manner; however, it does not have a bearing  on  the  effective
dates of the assignments.

The complete ARPC/DPA evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 21 Jul 06 for review and comment within 30 days  (Exhibit
C).  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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  The  governing  directive  requires  officers  be
reassigned from NNPRS to ISLRS if not in  a  participating  assignment
after two  years.   HQ  ARPC/DPA  advised  that,  based  on  the  data
available in MILPDS at the time, the applicant’s assignment  to  ISLRS
was appropriate.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 21 September 2006 under the provisions of AFI 36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Joseph D. Yount, Member
                 Mr. Gregory A. Parker, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-01909 was considered:

   Exhibit A.  DD Form 149, dated 16 May 06.
   Exhibit B.  Letter, ARPC/DPA, dated 18 Jul 06.
   Exhibit C.  Letter, SAF/MRBR, dated 21 Jul 06.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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