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AF | BCMR | CY2006 | BC-2006-03208
Original file (BC-2006-03208.doc) Auto-classification: Denied

                       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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