RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02190
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His record be corrected to reflect his discharge date from the
Inactive Status List Reserve Section (ISLRS) as 12 August 1999
rather than 13 January 2007.
2. Any debt (overpayment of pay and allowances based on
longevity) incurred due to the requested adjustment of his time
in ISLRS be waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He spent nine years in ISLRS. In accordance with Air Force
Instruction 36-2115, he was to remain in ISLRS for no longer than
three years. He was unaware that the time spent in ISLRS would
count towards his Total Federal Commissioned Service Date
(TFCSD). With this additional time spent in ISLRS, he is
currently unable to obtain 20 satisfactory years of service
before his mandatory separation date (MSD).
In support of his appeal, the applicant provides a personal
statement, and copies of his notification of assignment to ISLRS,
ISLRS assignment order, ISLRS discharge order, Statement of
Agreement and Understanding (for Air National Guard appointment),
security clearance Statement of Understanding, Statement of
Understanding for Officer Appointment, and Statement of
Understanding (for waiving disability compensation and for
repayment of his Special Separation Benefits.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving as a member of the
Massachusetts Air National Guard in the grade of major (O-4). He
was a recipient in the Special Selection Board (SSB) Program
which obligated him to spend three years in the Non-Obligated,
Non-Participating Ready Personnel Section (NNRPS) until 11 August
1996. He was then transferred into ISLRS until his discharge
from all appointments on 26 July 2005. He was subsequently
appointed to the Massachusetts Air National Guard on 13 January
2007.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPT recommends approving the applicants request to correct
his record to show he was discharged from ISLRS effective
11 August 1999. DPT states that in accordance with Air Force
Instruction 36-2115, paragraph 4.4.2.7, Reserve officers
generally remain assigned to ISLRS for three years after which
time they can be screened for discharge.
DPT indicates it was discovered that the time the applicant spent
in ISLRS in excess of three years would not allow him to obtain
20 years of satisfactory service before his MSD. If the
applicants request is approved, his pay date and his TFCSD would
be changed from 28 January 1987 to 13 January 1993. Any debt
issues would be better addressed by the Defense Finance and
Accounting Service (DFAS).
The complete DPT evaluation is at Exhibit B.
DFAS-IN recommends partial approval of the applicants requests.
DFAS-IN concurs that the applicants record should be corrected
to adjust his time spent in ISLRS from 12 August 1996 through
13 January 2007, to a release date from ISLRS effective 12 August
1999. This correction will change the applicants TFCSD and Pay
Entry Basic Date (PEBD) which maintains updates to pay based on
longevity; and, will cause the applicant to incur a debt. As
this change is a benefit to allow him to obtain 20 satisfactory
years of service before his MSD, the collection of the over-
payment of pay and allowances based on longevity should be
collected at such a rate as to not put the applicant in a
financial hardship.
The complete DFAS-IN evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the
applicant on 28 October 2011, for review and comment within
30 days (Exhibit D). As of this date, this office has received
no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice to warrant
partial relief. After a thorough review of the evidence
submitted and the applicants military personnel records, we
agree with recommendation from the Air Force office of primary
responsibility in regard to correcting the applicants record to
show he was discharged from ISLRS effective 12 August 1999 rather
than 13 January 2007. In regard to the applicants request to
waive any debt incurred due to the adjustment of his time in
ISLRS, the Board notes the recommendation of DFAS-IN regarding
the collection of any debt incurred. However, the Board believes
it would be premature to take any corrective action on a debt
without pertinent information regarding the debt. Also, when a
debt is established, the applicant should exhaust available
administrative remedies before making this request to the Board.
Accordingly, we recommend the applicants record be corrected as
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to reflect that he was
discharged from the Inactive Status List Reserve Section
effective 12 August 1999 rather than 13 January 2007.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02190 in Executive Session on 23 February 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2011-
02190 was considered:
Exhibit A. DD Form 149, dated 13 Jun 11, with atchs.
Exhibit B. Letter, ARPC/DPT, dated 12 Aug 11.
Exhibit C. Letter, DFAS-IN, not dated.
Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11.
Panel Chair
AF | BCMR | CY2013 | BC-2012-02170
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02170 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He receive credit for all or some of the period served in Inactive Status List Reserve Section (ISLRS) to adjust his Total Federal Commissioned Service Date (TFCSD) and Mandatory Separation Date (MSD). The AFBCMR Legal Advisor recommends the Board...
AF | BCMR | CY2012 | BC-2012-00148
DPT states the applicant’s record should be corrected to show a break in service from 16 Oct 99 through 9 Jan 06. By removing the additional ISLRS time, her TFCSD, Total Years Service Date (TYSD), and Pay Date would also be adjusted by 6 years, 2 months and 24 days. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: discharged from...
AF | BCMR | CY2005 | BC-2005-02405
In the alternative, applicant requests his MSD be changed to reflect 20 March 2010, based on the date he should have been assigned to ISLRS (24 Aug 84) versus the date he was assigned (19 Oct 84). _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP states Reserve officers generally remain assigned to ISLRS for three years after which time they can be screened for an administrative discharge board, tender their resignation, or transfer to a...
AF | BCMR | CY2014 | BC 2014 03292
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice which would warrant granting relief. In order to give him additional service time for the excess time he spent in ISLRS, the record would have to be changed to create a break in service after his...
AF | BCMR | CY2007 | BC-2006-03440
Although assignment to ISLRS is a break in active Reserve status, and an officer’s date of rank is adjusted accordingly, since they are ineligible for promotion consideration, it is not a break in service. Although applicant had four years, four months, and 12 days of non- participating service, he has had no break in service, and no error or injustice occurred with his assignment to ISLRS and subsequent change to his R/R date. ...
_________________________________________________________________ APPLICANT CONTENDS THAT: His Total Federal Commissioned Service Date (TFCSD), Total Years Service Date (TYSD), Pay Date, and Mandatory Separation Date (MSD) are in error. With his five years in the active Air Force, he had almost eighteen years of military service when he was informed in Jan 00, that he would be discharged immediately. There was no evidence that the applicant was informed by ARPC of the implications of his...
AF | BCMR | CY2013 | BC 2013 02600
His time retained in the Inactive Status List Reserve Section (ISLRS) from 19 Aug 96 to 30 Sep 02 be removed in order to adjust his mandatory separation date (MSD) of 1 Dec 14. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. As a result, he would...
AF | BCMR | CY2013 | BC 2013 01162
The time he was retained in the Inactive Status List Reserve Section (ISLRS) from 1 Mar 99 through 9 Nov 05 be removed. When discharged, the applicant received separation pay and was transferred to the NNRPS for a period of three years. If the Board approves, the applicants record should be corrected to show a 1 Mar 02 to 9 Nov 05 break in service and reappointment into his new position on 10 Nov 05.
AF | BCMR | CY2003 | BC-2002-03831
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS INDEX CODE 102.06 113.00 135.00 IN THE MATTER OF: DOCKET NUMBERS: BC-2002-03831 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His Total Federal Commissioned Service Date (TFCSD) be adjusted from 19 Apr 73 to 22 Feb 78 by allowing him to resign his US Air Force Reserve (USAFR) commission on 30 Jun 79 and reappointing him on 4 May 84, thereby...
AF | BCMR | CY2013 | BC 2012 05389
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05389 XXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: The time he was retained in the Inactive Status List Reserve Section (ISLRS) from 31 Dec 97 through 22 Nov 05 be removed. He was also permanently retained in the Inactive Reserve and his record was not reviewed in accordance with...