RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03466
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect he was placed into the
Inactive Status List Reserve Section (ISLRS) or that he resigned
his commission.
2. His second non-selection to major be removed.
3. In response to the Air Force advisory, he amended his requests
to include that his Assignment Action Reason (AAR) be changed to
reflect Hardship/Death of Family Member, rather than QL/Civilian
Airline Industry.
________________________________________________________________
APPLICANT CONTENDS THAT:
His father unexpectedly passed away while he was on a four-month
temporary duty assignment. After he returned from the funeral,
it took several months for his life to return to normal due to
intensive training and a wing operation readiness inspection.
His fathers death caused him and his family a nearly intolerable
amount of grief. While he understands the death of a parent is
difficult for anyone to experience, his fathers death was the
exclamation point in a long sentence of deaths that began when he
was 12 years old.
Once things settled down, the effects of his fathers death
became obvious. He pursued an inactive status as he was not
prepared or equipped to command his squadron, fulfill his
military duties or mobilize and/or deploy. He sought an inactive
status but was transferred into the Individual Ready Reserve
(IRR). He was not capable of recall, thus, not eligible for RASL
which is required for promotion consideration.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve. On
15 April 2008, he was notified of his second deferral for
promotion and his mandatory separation date. He was honorably
discharged from the Reserves on 1 November 2008 in the grade of
captain.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPAMR recommends denial. The applicant was transferred to
the non-participating IRR on 17 March 2008 with Reserve Order A-
0038 indicating the assignment was due to his affiliation with
the civilian airline industry. He met a promotion board prior to
being assigned to the IRR; however, he was not selected for
promotion.
The applicant remained in the Non-Obligated Non-Participating
Ready Reserve from 17 March 2008 until his subsequent discharge
from the Reserves on 1 November 2008 due to a second deferral for
promotion.
The applicants reassignment and discharge from the IRR were in
accordance with Air Force Instructions. There are no provisions
within AFI 26-2155, Assignments Within the Reserve Components for
members to be reassigned directly into the ISLRS for the
assignment action reason identified in the applicants reserve
order.
The complete DPAMR evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The ARPC advisory opinion fails to address the core reason for
the separation request was due to hardship. This may be in part
to the inaccurate description of the request. The advisory
states there are no provision in the instruction that allows
members to be assigned to the ISLRS.
The assignment action reason is the error or injustice. The
opinion does not address the US Code and fails to recognize the
AAR error. The reason for reassignment was hardship/death of a
family member. The AAR code QL/Civilian Airline Industry is
incorrect. He entered the airline industry in 1999 not 2007.
He out-processed in May 2007 and should have been transferred to
an inactive, non-participatory status. He was not given
separation counseling/options despite not having drilled for
10 months.
The applicants complete response, 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 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. After
thoroughly reviewing the evidence of record and the applicants
complete submission, we are not persuaded that a change the
record is warranted. The applicants contentions are duly noted;
however, he has not provided persuasive evidence to override the
rationale provided by the Air Force office of primary
responsibility (OPR). The applicant contends that he was
incorrectly assigned to the Inactive Ready Reserve with an
inaccurate Assignment Action Reason. However, as the OPR
explained there is no provision within AFI 36-2115, Assignments
Within the Reserve Components, for members to be reassigned
directly to the Inactive Status List Reserve Section for the AAR
listed on the applicants assignment order; this applies to
hardship AARs as well. 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.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 BC-2012-03466 in
Executive Session on 26 March 2013, under the provisions of AFI
36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jun 12, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, ARPC/DPAMR, dated 30 Aug 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12.
Exhibit E. Letter, Applicants Response, undated, w/atchs
Panel Chair
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