RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03223
                                             INDEX CODE:  135.02
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  16 April 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  satisfactory  service  (a  minimum  of
50 points each year) for the periods 1 December 1999  through  26 May  2000,
27 May 2000 to 26 May 2001, 27 May 2001 to 26 May 2002, 27 May  2002  to  26
May 2003, and the remaining period from 27 May 2003 through 24 August 2003.

________________________________________________________________

APPLICANT CONTENDS THAT:

As a result of a documented Air Force (AF) administrative oversight, he  was
not assigned to the Ready  Reserve  upon  separation  from  active  duty  as
required by Title 10, United  States  Code  (10  USC).   Due  to  this,  and
despite every effort made on his part, he was unable  to  obtain  a  Reserve
position or compete for promotion.

Upon discovery of  the  oversight,  a  Special  Selection  Board  (SSB)  was
conducted which resulted  in  his  promotion  and  restoration  to  service.
However, a recent request to correct his records did not restore  lost  time
or eliminate the damages resulting from the AF administrative oversight.

This is the only fair means to  correct  this  documented  negligence  which
denied him time that he might have been participating.

In support of the appeal,  applicant  submits  copies  of  an  Officer  Pre-
Selection Brief  for  Position  Vacancy  Board  U0507A,  a  memorandum  from
ARPC/DPAB, dated 13 November 2002, numerous documents of efforts  to  obtain
a Reserve position, his DD Form 214, dated 30 November 1999, and  Separation
Order AC-395, dated 12 Oct 1999.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant was a regular officer who  resigned  his  regular  commission  and
received separation pay upon discharge from the active  duty  Air  Force  on
30 November 1999.  He was identified  as  a  separation  pay  recipient  and
incurred a three year service commitment to  the  United  States  Air  Force
Reserve (USAFR).

Due to an administrative oversight, he was not properly processed  into  the
Ready Reserve of the USAFR as required by  10 USC,  section  1174(e),  which
states that as a condition of receiving separation pay, a  person  otherwise
eligible for that pay shall be required to enter into  a  written  agreement
with the Secretary concerned to serve in the  Ready  Reserve  of  a  reserve
component for a  period  of  not  less  than  three  years  following  their
discharge or release from active duty.

A Special Selection Board (SSB), which met on 12 March 2003, considered  and
selected him for promotion to the grade of Major, with  effective  date  and
date of rank of 1 October 2000.

He submitted an Application for Correction  of  Military  Records  in  March
2006, requesting correction  to  his  duty  history  and  that  his  service
history reflect no periods  of  inactivity  because  of  the  administrative
oversight.   His  records  were  administratively   corrected   to   reflect
assignment to the Non-Obligated, Non-Participating, Ready Personnel  Section
(NNRPS), effective 1 December 1999, and then to  the  Inactive  Status  List
Reserve Section (ISLRS), effective 1 December 2002.  His current  assignment
(as an Individual Mobilization  Augmentee  (IMA))  was  updated  to  reflect
being effective on 25 August 2003.

The NNRPS is comprised of officers and enlisted personnel, without  military
service obligations, who still qualify for worldwide duty  and  are  subject
to mobilization  by  the  President  or  congressional  authority.   Members
cannot participate for pay or points (they do earn membership  points  while
assigned),  but  they  have  a  higher  priority   for   assignment   to   a
participation  program  than  members  assigned  to  the  Standby   Reserve.
Separation pay recipients who have not yet obtained a  participating,  Ready
Reserve assignment are normally retained in the NNRPS for three years.

After  being  assigned  to  the  NNRPS  for  three  years,  separation   pay
recipients who are not assigned to a  participating  program  in  the  Ready
Reserve are next assigned to the ISLRS, where they are  retained  for  three
years before being discharged.  Assignment to  the  ISLRS  is  considered  a
break in active status, but is not a break in service.

A more detailed explanation of the NNRPS and ISLRS can be found  at  Exhibit
F.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  His duty history and point credit  history  are
accurate  and  all  matters  were  rectified.   The  administrative   issues
concerning applicant’s assignment to the Ready  Reserve  were  unrelated  to
his inability to obtain a participating Reserve position, he did  not  incur
any injustices, and he has not shown any viable positions were denied.

The ARPC/DPP evaluation, with attachments is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the ARPC/DPP evaluation on 8 February 2007 and  again
on 24 April 2007.  His  purpose  was  to  request  corrections  to  military
records he provided as attachments, and correct the resulting  impacts  from
these errors as previously addressed in this application.  The remainder  of
his response was dedicated  to  addressing  the  resulting  impacts  of  the
errors.  For clarification and convenience, he provided a summary of  events
and reiterated his prior request  to  appear  in  person  before  the  Board
should  his  request  not  be  favorably  considered.   In  support  of  his
responses, he submitted 17 attachments.  Applicant’s complete  responses  to
the ARPC/DPP evaluation are 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice to warrant granting applicant partial  relief  and
award him sufficient points so as to  establish  the  period  12  June  2002
through 24 August 2003 as satisfactory participation.  After  reviewing  the
evidence of record, the Board is persuaded he may have been deprived  of  an
opportunity to actively participate during this period.  Evidence  has  been
presented that he was offered a valid participating position  in  June  2002
and requested the appropriate appointment waiver on 12 June 2002,  but,  due
to administrative errors/practices that were no fault of  his  own,  he  was
not assigned to this position to begin actual participation until  25 August
2003.   While  the  Board  recognizes  that  some  administrative  delay  is
inevitable, we recommend  that  his  records  be  corrected  to  the  extent
indicated below in order to resolve any injustice.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to  award  applicant  sufficient  points  to
reflect the periods 1 December  1999  through  26  May  2000,  27  May  2000
through 26 May 2001, 27 May 2001 through  26  May  2002,  and  27  May  2002
through 11 June 2002  as  satisfactory  service.   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.  Although the Air Reserve  Personnel  Center  clearly  failed  to
properly and timely assess him into the Ready Reserve  as  required  due  to
his receiving separation pay upon discharge from the active duty Air  Force,
there  is  no  evidence  that  this  error   deprived   applicant   of   any
participating reserve positions,  and  it  does  not  warrant  granting  the
relief sought in this application.  Therefore, in the  absence  of  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought in this application

5.  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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

            a.  His assignment as an Individual Mobilization  Augmentee  was
effective 12 June 2002, rather than 25 August 2003.

            b.    He was awarded an additional  35 non-paid,  inactive  duty
training points for the Retention/Retirement Year 27  May  2002  through  26
May 2003, resulting in 50 points; and, that the period 27 May  2002  through
26 May 2003 is a year of satisfactory Federal service.

            c.    He was awarded an  additional  5 non-paid,  inactive  duty
training points for the Retention/Retirement Year 27  May  2003  through  26
May 2004, resulting in 50 points; and, that the period 27 May  2003  through
26 May 2004 is a year of satisfactory Federal service.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-03223
in Executive Session on 22 February 2007, under the provisions  of  AFI  36-
2603:



                       Mr. James W. Russell, III, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. Todd L. Schafer, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 28 Nov 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 07.
    Exhibit E.  Letters, Applicant, dated 8 Feb 07 and 24 Apr
                07, w/atchs.




                                   JAMES W. RUSSELL, III
                                   Panel Chair
AFBCMR 2006-03223




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:

            a.  His assignment as an Individual Mobilization Augmentee was
effective 12 June 2002, rather than 25 August 2003.

            b.  He was awarded an additional 35 non-paid, inactive duty
training points for the Retention/Retirement Year 27 May 2002 through 26
May 2003, resulting in 50 points; and, that the period 27 May 2002 through
26 May 2003 is a year of satisfactory Federal service.

            c.  He was awarded an additional 5 non-paid, inactive duty
training points for the Retention/Retirement Year 27 May 2003 through 26
May 2004, resulting in 50 points; and, that the period 27 May 2003 through
26 May 2004 is a year of satisfactory Federal service.










  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency