RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00897
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His time accumulated while assigned to the Inactive Ready Reserve (IRR) and Inactive Status List Reserve Section (ISLRS) be removed following his separation from the Air National Guard (ANG) on 18 Jan 95.
________________________________________________________________
APPLICANT CONTENDS THAT:
He intended to resign his commission when he separated from the ANG to better focus on his civilian career and family responsibilities. He planned to re-apply and pursue military service when these responsibilities changed. He did not intend for his total commissioned service (TCS) and time in grade (TIG) to continue to accrue as it did while he was in the IRR and ISLRS. He was not discharged from ISLRS at the required 3-year point.
In support of his appeal, the applicant provides copies of his NGB Form 438a, Honorable Discharge Certificate, and his NGB Form 22, National Guard Bureau Report of Separation and Record of Service.
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records indicate he served in the Air National Guard (ANG) in the grade of major (O-4), effective and with a date of rank of 3 Apr 93.
On 18 Jan 95, the applicant was honorably discharged from the ANG and transferred to the Air Reserve Personnel Center (ARPC). He was credited with 13 years, 5 months, and 4 days of satisfactory reserve service.
On 5 Jan 06, the applicant was relieved from his assignment with ISLRS and honorably discharged from all appointments.
The remaining 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.
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AIR FORCE EVALUATION:
ARPC/DPP recommends partial relief be granted. The applicant was released from the ANG on 18 Jan 95 and assigned to the USAFA/RRPRA as a Participating Individual Ready Reserve (PIRR) member until 10 Apr 96 when he was transferred to the non-obligated non-participating ready personnel section (NNRPS). On 10 Apr 98, he was transferred to ISLRS where he remained until his discharge on 5 Jan 06. However, in accordance with 10 USC 12683 and AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, he should have been discharged from ISLRS after three years, effective 9 Apr 01.
A complete copy of the ARPC/DPP evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29 Nov 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E).
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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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the applicant’s records to show that he was discharged from the Inactive Status List Reserve Section (ISLRS) on 9 Apr 01. The applicant contends he intended to resign from all appointments when he was discharged from the Air National Guard (ANG) on 18 Jan 95 and transferred to the Individual Ready Reserve (IRR). However, other than his own assertions, he provides no evidence to convince us that he was denied any rights to which he was entitled; that his transfer to the IRR constitutes an error or injustice; or that he has been treated differently than those who are similarly situated. Notwithstanding the above, we note the applicant was subsequently transferred from the IRR to ISLRS, and was eventually discharged from ISLRS on 5 Jan 06. However, he should have been automatically discharged from ISLRS after three years on 9 Apr 01, rather than 5 Jan 06, in accordance with 10 USC 12683 and AFI 36-3209. Therefore, to preclude any further injustice to the applicant, we recommend his records be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was discharged from the Inactive Status List Reserve Section (ISLRS) on 9 April 2001, rather than 5 January 2006.
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The following members of the Board considered AFBCMR Docket Number BC-2010-00897 in Executive Session on 11 Jan 11, under the provisions of AFI 36-2603:
Mr. XXXXXXXXXX, Panel Chair
Ms. XXXXXXXXXX, Member
Ms. XXXXXXXXXX, Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 21 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 29 Nov 10.
XXXXXXXXXX
Panel Chair
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