RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-04091
            INDEX CODE:  113.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Inactive Ready Reserve (IRR) service count as active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was misinformed regarding his eligibility to join the Regular  Air  Force
as an enlisted member after  being  involuntarily  separated  from  the  Air
Force as an officer and would like the one year and six months  of  inactive
reserve time to count as active duty time.  The information  was  proven  to
be wrong which enabled him to later re-join the Air  Force  as  an  enlisted
member.

In support of his request, the applicant provided a  personal  statement,  a
letter from his commander,  a  presidential  certificate,  a  DD  Form  214,
training records, a copy of his personal identification  card,  and  an  ATC
letter.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 October 1986, the applicant enlisted as an airmen  first  class  (E-3)
into the Air Force Reserve Obligated Reserve Section (ORS)  for  the  period
of six years.

On 29 April 1988 the applicant was honorably discharged from the  Air  Force
Reserve and relieved from his enlisted status effective the same date.

On 30 April 1988, the applicant was appointed a  second  lieutenant  in  the
Reserve of the Air Force.




On 1 October 1988, the applicant was voluntarily ordered to Extended  Active
Duty (EAD) in the Regular Air Force.

On  14  October  1989,  the  applicant  was  eliminated   from   Specialized
Undergraduate Pilot Training (SUNT).

On 19 December 1989, the applicant  was  involuntarily  separated  from  the
Regular Air Force with an honorable discharge.

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving in the  Regular  Air  Force  in
the grade of technical sergeant (E-6).  His Total  Active  Federal  Military
Service Date (TAFMSD) is 25 March 1990.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIPR  recommends  denial.   Regarding  the  applicant's  reenlistment
entitlement DPSIPR states the applicant  was  a  member  of  the  Air  Force
Reserve Obligated Reserve Section (ORS) and not the Regular Air  Force.   As
a member of the ORS there was no entitlement to  reenlist.   Title  10,  USC
8258, provides a reenlistment entitlement to former enlisted members of  the
Regular Air Force not officers.

The complete DPSIPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  states  that  he  never  assumed  that  he  had  a  statutory
entitlement; however, he wanted to know if there was any way that  he  could
continue in the Air Force as  an  enlisted  member  even  though  he  had  a
reserve commission.  The applicant asserts that in 1989, he  was  not  given
the appropriate information concerning his eligibility  to  continue  in  an
active duty capacity.  He is asking for the time that he could have been  in
the Regular Air Force to count as  active  duty  and  not  inactive  service
time.  The information provided to him in 1989 was proven to be wrong as  he
was allowed to re-enter the  Regular  Air  Force  in  1991  as  an  enlisted
member.

His complete submission 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

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.   The  applicant's
assertion of miscounseling is duly noted; however  it  appears  because  his
prior enlisted status was not in the Regular Air Force, he was not  entitled
to continue on active duty in an enlisted status.   Furthermore,  Air  Force
policy in effect at the time prohibited his enlistment once  separated  from
commissioned service.  Therefore, absent evidence  that  the  applicant  was
denied rights to which he was entitled or  that  the  appropriate  standards
were not applied, 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 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-
04091 in Executive Session on 2 October 2008, under the  provisions  of  AFI
36-2603:

      Mr. Alan A. Blomgren, Panel Chair
      Ms. Jan Mulligan, Member
      Mr. James G. Neighbors, Member


The following documentary evidence was considered for AFBCMR Docket
Number BC-2007-04091:

    Exhibit A.  DD Form 149, dated 16 September 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIPR, dated 20 August 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 29 August 2008.
    Exhibit E.  Letter, Applicant, dated 12 September 2008.




                                   ALAN A. BLOMGREN
                                   Panel Chair