RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04464 

 

 COUNSEL: 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His date of transfer to the Inactive Status List Reserve 
Section (ISLRS) be changed from 1 Jul 02 to 10 Oct 01. 

 

2. He meet a Special Selection Board (SSB) for the V0509D 
Lieutenant Colonel Board in-the-promotion zone (IPZ). 

 

3. He meet an SSB for the next board after the V0509D Lieutenant 
Colonel Board as an above-the-promotion zone (APZ) candidate. 

 

4. He be reinstated as a reservist in order attain twenty good 
years of service. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was separated from the Air Force after being twice passed-over 
for promotion to lieutenant colonel. 

 

In support of his appeal, the applicant submits copies of 
documents extracted from his military personnel records. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force, which is attached at Exhibit C. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

ARPC/DPTS recommends the requested relief be denied. The 
applicant requested and was granted a voluntary reassignment from 
the 301st Airlift Squadron to the Individual Ready Reserve (IRR) 
into the Non-Obligated Non-Participating Ready Personnel Section 
(NNRPS) due to Civilian Job/School Conflict on 10 Oct 1999. He 
was reassigned to ISLRS on 10 Oct 2001 once he attained the 
maximum 24-month retention period in accordance with AFI 36-2115, Assignments Within the Reserve Components. However, it was later 
discovered the applicant was subject to the provisions of Stop-
Loss and should not have been assigned to ISLRS. Therefore, he 
was reassigned back to NNRPS and the original reassignment order 
was rescinded. When the applicant was released from Stop-Loss 
his reassignment from NNRPS to ISLRS was affected on 1 Jul 2002. 
The applicant accepted an assignment as an Air Force Admissions 
Liaison Officer (ALO) with the 9001 ARS on 15 Feb 2005. He was 
separated from the Air Force Reserve on 1 Mar 2010 due to a 
second deferral for promotion to Lieutenant Colonel. At the time 
of separation he had 16 years of satisfactory Reserve Service 
toward his 20-year retirement. The applicant requested 
assignment to the Individual Ready Reserve (IRR) and was retained 
in the Non-Participating Ready Personnel Section (NNRPS) and was 
transferred to ISLRS when he was released from the Stop-Loss. 
The applicant was eligible at any time while in an inactive 
status to request a separation or obtain a participating 
assignment. He chose neither. 

 

The complete ARPC/DPTS evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Counsel states DPTS failed to note the order rescinding the 
applicant’s transfer to ISLRS was rescinded three and one-half 
months after the original order. The applicant did not perform 
any duty until he accepted a new assignment in 2005. 

 

The applicant could have requested to be moved to the ISLRS 
despite being subject to Stop-Loss in accordance with part four 
of the Air Force Stop-Loss Policy; or he could apply to be 
released from Stop-Loss and transferred to ISLRS. However, he 
had no idea he needed to request this as he was not performing 
any duty. The order transferring him to ISLRS was automatic and 
was rescinded after the fact without his knowledge or input by 
him. Counsel states that at the time requests were being 
approved for personnel not needed to be released from the Stop-
Loss; she believes the applicant’s request would have been 
approved. The applicant has 17 years of creditable service and 
believed he had sufficient time to complete 20 years of good 
service. 

 


Counsel’s complete statement, with attachments, 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 an error or injustice. We took 
notice of the applicant's complete submission, to include his 
rebuttal response, in judging the merits of the case; however, we 
agree with the opinion and the recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion the applicant has not been the victim of 
an error or injustice. We note the applicant’s assertion, 
through counsel, in response to the Air Force evaluation that he 
was unaware that he could have requested to be released from 
Stop-Loss. However, these assertions and the documentation 
provided are not sufficient to convince us the applicant has been 
the victim of an error or injustice. Therefore, in the absence 
of evidence to the contrary, we find no 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(s) involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-04464 in Executive Session on 7 Sep 11 under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-04464 was considered: 

 

 Exhibit A. DD Form 149, dated 25 Nov 10, w/atchs. 

 Exhibit B. Master Military Personnel Records. 

 Exhibit C. Letter, ARPC/DPTS, dated 6 Apr 11. 

 Exhibit D. Letter, SAF/MRBR, dated 11 Apr 11. 

 Exhibit E. Letter, Applicant’s Counsel, dated 22 May 11. 

 

 

 

 

 

 Panel Chair