RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-01465
      COUNSEL:                   
                     			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT: 

Her Total Federal Commissioned Service Date (TFCSD) be adjusted to remove all periods assigned to the Individual Ready Reserve (IRR) and Standby Reserve.  

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APPLICANT CONTENDS THAT:

The years as a civilian between her discharge in 1992 and her activation in 2007 should not be included in her total commission time.  On 21 July 1992 she requested separation, which was approved and completed effective 30 September 1992.  She was assigned to an Individual Mobilization Augmentee (IMA) Reserve position effective 22 June 2007.  As she was preparing for her promotion board, she realized that her total commissioned time had been accruing since she graduated from college in 1982.  She was unaware of this as her promotion date was recalculated when she returned to active duty in 2007; therefore, she assumed all key dates would be reset.  

She has faithfully served the Air Force and the Country while on active duty and as a Reservist.  She respectfully requests her total commission time be corrected to reflect only her duty time (15 years of service) as reflected on her point credit summary.  This correction will ensure that she can continue to serve and contribute to the security of the United States.  

In support of her appeal, the applicant provides copies of her separation from active duty order, IMA assignment order, and point credit summary.  

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

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STATEMENT OF FACTS:

The applicant is a Reserve Officer Training Corps (ROTC) graduate and was initially appointed in the United States Air Force Reserve on 8 May 1982.  She was subsequently appointed to the United States Air Force and entered active duty on 21 December 1982.  

The applicant was separated from active duty effective 29 September 1992, under the Voluntary Separation Incentive (VSI) with a separation pay benefit.  She signed an Officer Voluntary Separation Incentive Agreement that identified she would be required to retain military affiliation until 29 September 2012 to be eligible to receive the annual separation payments.  She was assigned to a non-participating status for the periods 30 September 1992 through 6 September 1996 and 25 September 1997 through 21 June 2007 in order to retain Reserve affiliation.  She was assigned to the Participating Individual Ready Reserve (PIRR) for the period 7 September 1996 through 24 September 1997.

The applicant was promoted to the grade of major (0-4) on 8 May 1996 while assigned to the IRR.  She has a Mandatory Separation Date (MSD) of 18 April 2013.  

On 14 July 2012, the applicant requested her case be administratively closed until such time she was able to proceed (Exhibit E).  She was notified of her case being administratively closed on 4 September 2012 (Exhibit F).  

On 11 December 2012, the applicant requested to reopen her appeal after securing counsel (Exhibit G).  

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AIR FORCE EVALUATION:

ARPC/DPT recommends denial.  Pursuant to Title 10, United States Code, Section 1775, members that receive separation pay incur a Reserve commitment and are required to accept a Reserve appointment to complete the commitment.  The VSI statement indicates that if the member separates from military status and incurs a break in service, the annual payments will stop and cannot be started again.  The applicant was assigned in the correct status to ensure continued Reserve affiliation and eligibility for receipt of her VSI payments.  

The complete DPT evaluation is at Exhibit C.  

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COUNSEL'S REVIEW OF AIR FORCE EVALUATION:

Correcting his client’s record would allow her to advance to the grade of lieutenant colonel (0-5) and to continue to serve until retirement.  There is no harm to the United States Government in allowing her to continue to serve.  She is an outstanding asset for the Air Force Reserve and has a strong desire to continue to serve.  

The Counsel’s complete rebuttal, with attachments, is at Exhibit G.  

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or an 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 the applicant has not been the victim of an error or injustice.  We took note the reasons the applicant wishes to continue her military service; however, we find no evidence of an error or injustice or that she was treated differently than other service members in similar circumstances.  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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2012-01465 in Executive Session on 23 July 2013, under the provisions of AFI 36-2603:

			                       , Panel Chair
			                       , Member
			                       , Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2012-01465:

	Exhibit A.  DD Form 149, dated 31 Mar 12, w/atchs.
	Exhibit C.  Letter, ARPC/DPT, dated 5 Jun 12, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Jun 12.
	Exhibit E.  Letter, Applicant, dated 14 Jul 12.
	Exhibit F.  Letter, AFBCMR, dated 4 Sep 12.
	Exhibit G.  Letter, Counsel, dated 11 Dec 12, w/atchs.




								                  
								Panel Chair