RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02335
            INDEX CODE:  125.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show the time he spent from 1 February  1992
through 20 February 1995 was actually a break in service and not  time
spent in the Non-obligated, Non-participating Ready Personnel  Section
(NNRPS) from 1 February 1992 through 31 January 1994 and, the Inactive
Status List Reserve Section (ISLRS) from 1 February  1994  through  20
February 1995.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he left the Regular Air Force on 31 January 1992,  he  wanted  to
pursue a civilian career.  He was not briefed nor was he aware of  the
ramifications of being placed in the inactive Reserve and  the  impact
it would have on his future ability to serve.  Further,  his  DD  Form
214, Certificate of Release or Discharge from Active  Duty,  indicated
in block 9, Command to Which Transferred, “Not Applicable.”  Therefore
he was not aware he had been  transferred  to  the  inactive  Reserve.
When he inquired about correcting the error on  his  DD  Form  214  in
February 1995 and again in October 1996, he was informed that being  a
traditional guardsman the years he spent in the inactive Reserve would
not be detrimental to his career or retirement.  While he will serve a
minimum of 28 years, he will only achieve  25  years  of  satisfactory
service  thereby  affecting  his  ability  to  be  promoted  and   his
retirement.  He is currently being considered  for  promotion  to  the
grade of colonel.  If he is selected, because of  the  time  spent  on
NNRPS and ISLRS, he  will  not  be  able  to  serve  the  three  years
necessary to retire in that grade.  Promotion to the grade of  colonel
requires three  years  time  in  grade  (TIG)  before  the  member  is
considered qualified to retire in that grade.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and letters of support from his chain of command at the  New
Hampshire Air National Guard (NHANG), his DD Form 214, Air Force  Form
100, Request and Authorization for Separation, and pertinent copies of
his personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed in the Regular Air Force on 30  May  1981  and
served over 10 years before leaving the Air Force on 31 January  1992.
Upon leaving the Air Force he  was  transferred  to  the  NNRPS  on  1
February 1992 and then to  the  ISLRS  on  1 February  1994  where  he
remained until he joined the ANG on 21 February 1995.   His  Mandatory
Separation Date (MSD) is 1 January 2009.  He is currently serving with
the NHANG and has over 23 years of satisfactory service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends denial.  DPA states at his discharge  from  active
duty, the documents submitted by the applicant all indicated he had no
further service obligation.  On 1 February 1992, HQ ARPC/DPAAA  issued
a tender letter for appointment to the Reserve of the  Air  Force  and
oath of office which the member accomplished in the Air Force  Reserve
on 1 February 1992.  Subsequently, Reserve Orders were published on  1
February 1994 and sent to  the  member  indicating  his  placement  in
ISLRS.  DPA notes that his DOR would remain the same  whether  he  was
awarded a civilian break in service as requested  or  his  NNRPS/ISLRS
time was left as is.  DPA further states should he be promoted to  the
grade of colonel that his MSD would be extended to 1 January 2011 and,
if he were to be involuntarily separated prior to reaching his new MSD
and he had at least six months TIG, he would be able to retire in  the
grade of colonel.  He  was  appointed  appropriately  as  a  resigning
regular officer at the same grade held with no break  in  service,  in
the same competitive category to the Line of the Air Force Reserve, in
accordance with Air Force Instruction  (AFI)  36-2005  and  title  10,
United States Code (U.S.C.).

DPA’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his records should be corrected to reflect a break in
service as he has the support of the entire leadership of  the  NHANG.
Further, he has received a Certificate of Eligibility  (COE)  for  the
grade of colonel and has been recommended for  promotion.   He  cannot
consummate his promotion until he is able to fill a  colonel  position
at the NHANG.  He contends the earliest  colonel  position  that  will
become available to him will not be available until  late  2009.   His
MSD is January 2009.  He asks the Board  to  correct  his  record  and
allow him to be promoted and serve an  additional  three  years  as  a
colonel.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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.  In  fact,  he  voluntarily  entered  the  IRR  as
evidenced by his completion of the oath of office in 1992 and did  not
serve again until approximately three years later.  We do not  dispute
his record of exemplary service and we noted the support  he  garnered
from his chain of command; however, there is  no  error  or  injustice
evident in his record that would require  corrective  action  by  this
Board.  Indeed, the system appears to have worked exactly as it should
have in this case.  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 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 AFBCMR Docket Number BC-
2007-02335  in  Executive  Session  on  11  October  2007,  under  the
provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. B. J. White-Olson, Member
      Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

    Exhibit A. DD Form 149, dated 6 July 2007, w/atchs.
    Exhibit B. Letter, ARPC/DPA, dated 10 September 2007, w/atch.
    Exhibit C. Letter, SAF/MRBR, dated 14 September 2007.
    Exhibit D. Letter, Applicant, dated 20 September 2007, w/atch.




                                   WAYNE R. GRACIE
                                   Panel Chair