RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02340
                                             INDEX CODE:  135.03
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His reassignment to inactive status be changed to indicate  reassignment  to
the  Inactive  Status  List  Reserve  Section  (ISLRS),  and  that  his  two
deferrals for promotion to the grade of major be removed from his record.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was erroneously placed in the Non-Affiliated Reserve Section (NARS),  and
should have been placed in the ISLRS.

He was unaware that when  he  was  reassigned  to  the  NARS,  he  would  be
considered for promotion to the grade of major, and therefore did  not  rush
to complete his Professional Military Education (PME).  He did not find  out
he had been considered for promotion to the grade of major until  after  his
second promotion deferral.

He was not given any documentation, and he did not  receive  any  counseling
advising him as to the consequences of being placed in the NARS  versus  the
ISLRS.  He was led to believe that when assigned to the NARS, he  would  not
automatically be considered for  promotion.   He  would  like  for  the  two
deferrals to be removed from his record in order to have the opportunity  to
complete his PME before again being considered for promotion  to  the  grade
of major.

In support of his appeal, he has provided copies of a personal statement,  a
memorandum signed by the 482 OG/CC approving his reassignment, and a  letter
from ARPC/DPP notifying him of his second  deferral  for  promotion  to  the
grade of major, the fact he must now be discharged, and  that  his  adjusted
mandatory separation date is 1 October 2007.

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

________________________________________________________________



STATEMENT OF FACTS:

A review of the applicant’s record indicates he  was  assigned  to  the  Air
Force Reserve Unit Program from 2 February 2000 through 9  March  2007,  and
that he requested transfer to the NARS on 9 September 2006.   Since  he  did
not indicate that he had a hardship  (personal/community),  was  not  in  or
eligible for sanctuary and was not yet  twice-deferred  for  promotion,  and
was not pending discharge for cause, he did not meet the  criteria  required
by  AFI  36-2115,  Assignments  Within  the  Reserve  Components,   for   an
assignment to the NARS.

Air Force Reserve members requesting voluntary reassignment to  an  inactive
status are assigned to either the Obligated Reserve Section (ORS)  if  their
Military Service Obligation (MSO) has not been completed,  or  to  the  Non-
obligated Non-participating Ready Personnel Section (NNRPS) once  their  MSO
has been completed.  Since the applicant was not eligible  for  reassignment
to the NARS and did not have an outstanding MSO,  he  was  assigned  to  the
NNRPS on 10  March  2007.   His  final  Unit  Training  Assembly  (UTA)  was
performed on 14-15 September 2006, and the six months between  the  date  of
request and effective date of transfer to the NNRPS was in  compliance  with
AFI 36-2115, paragraph 3.6.1.

The NNRPS is partially comprised of officers and enlisted personnel  without
MSOs who volunteer for reassignment to ARPC. They are  still  qualified  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 participating program than members assigned  to
the Standby Reserve.  Members are normally retained in  the  NNRPS  for  two
years and, since it is not considered a break in service or  active  status,
are still eligible for promotion consideration.

After being assigned to the NNRPS for  two  years,  officers  who  have  not
resigned their commissions are normally 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.  Officers cannot be considered for promotion while  in  the  ILSRS,
and their date of rank is adjusted accordingly.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends denial of the applicant’s request for direct  assignment
to  the  ISLRS  and  removal  of  his  two  deferrals  for  promotion.   His
assignment to the NNRPS was processed in accordance  with  the  requirements
set forth in AFI 36-2115, and  they  advise  that  the  promotion  deferrals
occurred during boards that convened on 6 March 2006 and  12  February  2007
while he was still assigned to the Reserve Unit Program, and not  after  his
reassignment to the NNRPS.

The ARPC/DPA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 October 2007, the applicant requested an extension of time  to  gather
additional information to respond to the advisory opinion and/or add to  the
documents that accompanied his application.  He was advised  on  16  October
2007, that in order to comply  with  a  statutory  mandate  to  process  all
applications in a more expeditious manner, extensions of time  in  which  to
respond to an advisory opinion or to gather  additional  information  cannot
be honored, and if he needed more time, he could request that  his  case  be
administratively closed until such time as he is able to proceed.

In December 2005, he decided that it would be in his  and  the  Air  Force’s
best interests for him to stop participating as a reservist due  to  growing
commitments with  his  civilian  employment  of  running  a  small  aircraft
charter business.  These civilian commitments precluded him from  dedicating
the time necessary to participate in a more satisfactory level to  meet  the
squadron requirements or to complete  Squadron  Officer  School.   With  his
commander’s concurrence, he asked to be placed in a non-drilling  status  in
order to put his Air Force career on-hold until  the  business  matured  and
stabilized, at which time he would be able to recommit  his  focus  back  to
the military.

During his transition out  of  the  military,  he  did  not  do  the  proper
research as to the long-term career implications of being  assigned  to  the
NARS versus the ISLRS, and asked to be placed  in  the  NARS.   It  was  his
understanding that by being placed in the NARS, he would not  be  considered
by subsequent promotion boards until he re-affiliated with  another  reserve
unit.  In retrospect, and with further education regarding inactive  reserve
obligations, he should have initially requested to be placed into the  ISLRS
rather than the NARS in order to stop his “promotion clock.”

In June 2007, he was offered a position as an Instructor  Pilot  at  a  U.S.
Navy Adversary Squadron based at NAS, Key West, and now wishes  to  continue
his military career.  He hopes the technical errors he made when  requesting
assignment to the inactive reserves do not end his career.

The applicant’s complete response, with attachment, is at Exhibit G.

________________________________________________________________

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.  He was  not
eligible for voluntary reassignment to  the  NARS  or  the  ISLRS,  and  his
assignment to the NNRPS was processed in accordance  with  the  requirements
of the governing AF  Instruction.   Additionally,  his  promotion  deferrals
occurred during boards that convened while he was still assigned to the  Air
Force Reserve Unit Program, and not after his  reassignment  to  the  NNRPS.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

________________________________________________________________

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  Docket  Number  BC-2007-02340
in Executive Session on 4 December 2007, under the  provisions  of  AFI  36-
2603:

                       Ms Kathleen F. Graham, Panel Chair
                       Mr Richard K. Hartley, Member
                       Mr Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 5 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.
                                                              BC-2007-02340


    Exhibit E.  Letter, Applicant, dated 15 Oct 07.
    Exhibit F.  Letter, AFBCMR, dated 16 Oct 07.
    Exhibit G.  Letter, Applicant, dated 10 October 07 {sic},
                w/atch.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair