RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03208
INDEX CODE: 113.01
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 20 APRIL 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he had a break in service from July
2000 to September 2003.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He separated from active duty in July 2000 to attend graduate school
and joined a Reserve unit in September 2003. He believes the previous
promotion boards reviewed this time period in question as
nonparticipating years resulting in his non-selection for promotion to
major. Applicant states he has been very active since joining the
Reserves to include a deployment to Afghanistan. He believes adding a
break in service will allow him to be eligible for his first promotion
board in February 2007; otherwise, he will be forced out of the Air
Force for two non-selections to major.
In support of his application, the applicant provided a copy of a
letter from the Director of the Information Surveillance and
Reconnaissance Directorate.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant currently serves in the Air Force Reserves in the grade
of captain.
The applicant was considered but not selected for promotion to the
grade of major by the FY05 and FY06 Major Selection Boards.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPO recommends denial and states the applicant was originally
tendered an indefinite term appointment in the grade of second
lieutenant in the Air Force Reserve on 27 May 1995. This initial
commission was a Reserve officer appointment incurring an eight-year
military service obligation (MSO) with an expiration term of
obligation (ETO) of 26 May 2003. The applicant served on extended
active duty (EAD) with the Air Force from 26 July 1995 to 25 Jun 2000.
The applicant was released from EAD, 25 June 2000, and was assigned
to the Obligated Reserve Section (ORS) at Headquarters Air Reserve
Personnel Center. Upon completion of his MSO in May 2003, he was
reassigned to the Non-obligated Non-participating Ready Reserve
Section (NNRPS) and remained in NNRPS for 3 months and 19 days. The
applicant volunteered and received a Category B Individual
Mobilization Augmentee (IMA) assignment 15 September 2003. The period
he was assigned to ORS and NNRPS was in accordance with current Air
Force policies and procedures; as a result, DPO recommends denial of
the applicant’s request for a break in service for the period of July
2000 to September 2003.
The complete DPO evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the memorandum from DPO did not provide the
AFBCMR with a solution that grants his entire request, only partial
relief. Applicant notes the Air Force evaluation does not state why
the laws in AFI 36-2115 dated 1 October 1997, are used instead of the
new AFI dated 8 April 2005. Applicant states both AFI’s indicate a
member in the ORS-RA “may” volunteer for participating Ready Reserve
positions and he was not required to participate in the ready reserve.
By counting the years he was in a non participating ORS-RA towards
his time in grade leads to an absurd result. Applicant believes this
action is a disincentive for anyone to return to active duty from the
IRR because without any Officer Performance Reports or good
participating Reserve years, you cannot get promoted. In addition, a
member in the non-participating ORS-RA is not given any benefits from
the Air Force and the time does not count towards retirement.
The 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. 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. 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 issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The following members of the Board considered AFBCMR Docket Number BC-2006-
03208 in Executive Session on 10 January 2007, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 October 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 30 October 2006.
Exhibit D. Letter, AFPC/DPPRS, dated 20 October 2006.
Exhibit E. Letter, SAF/MRBR, dated 3 November 2006.
JAMES W. RUSSELL III
Panel Chair
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