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AF | BCMR | CY2012 | BC-2012-04618
Original file (BC-2012-04618.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04618
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The time he was retained in the Inactive Status List Reserve 
Section (ISLRS) from 1 Apr 99 through 23 Aug 03 be removed.

________________________________________________________________

APPLICANT CONTENDS THAT:

His time in ISLRS should be removed and it would be an injustice 
to separate him just seven weeks short of reaching sanctuary.  

He should have been briefed that when he applied to come back 
into active participation status he would not be able to achieve 
enough good years to reach retirement eligibility.  

He should have been advised by the Air Reserve Personnel Center 
(ARPC) on the potential impact of not being removed from or 
retained in ISLRS would have had on his career.  In accordance 
with the governing instructions he should have been removed from 
ISLRS. 

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

________________________________________________________________

STATEMENT OF FACTS:

Based on the available records and the information provided by 
the Air Force office of primary responsibility (OPR), on 
6 Dec 92, the applicant was released from active duty and was 
transferred to the Air Force Reserve.  

On 12 Mar 96, the applicant was transferred from the Non-
obligation Non-participating Ready Personnel Section (NNRPS) to 
ISLSR.  

On 25 Aug 03, the applicant was reassigned to the Air Force 
Research Lab, at Wright-Patterson Air Force Base, Ohio.

The applicant was promoted to the grade of major with an 
effective date and Date of Rank (DOR) of 1 Oct 05.  He was 
subsequently promoted to the grade of lieutenant colonel with an 
effective date and DOR of 1 Oct 12.

________________________________________________________________

THE AIR FORCE EVALUATION:

ARPC/DPTT recommends approval of the applicant’s request to be 
discharged after three years in ISLRS effective 12 Mar 99.  The 
applicant’s record would then reflect a break in service from 
12 Mar 99 to 24 Aug 03.

In accordance with AFI 36-2115, Assignments within the Reserve 
Components, para 4.4.2.1., Reserve officers generally remain in 
ISLRS for three years after which they can be screened for 
involuntary discharge, resign their commission, or find an 
assignment in a participating Reserve program.  The applicant 
should have been discharged after three years in ISLRS since he 
was ineligible to transfer to the Retired Reserve and failed to 
obtain an assignment.

The complete ARPC/DPTT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 November 2012 for review and comment within 15 
days.  As of this date, no response has been received by this 
office (Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has not exhausted all remedies provided by 
existing law or regulations.  In this respect, we note the 
applicant’s request comes at a time when he is approaching his 
Mandatory Separation Date (MSD) based on 28 years of 
commissioned service.  A request for an MSD extension should be 
submitted at least six months prior to MSD. Therefore, we 
believe the applicant should apply for a waiver of his MSD 
through his senior leadership.  

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case.  The applicant contends that he should have been 
briefed that when he applied to come back into active 
participation status that he would not be able to retire; he 
should have been briefed of the potential impact that being 
retained in ISLRS would have on his career; however, the 
applicant does not infer any responsibility on his part as to 
what role he had in ensuring his career advancement and desired 
goal of becoming an Air Force Reserve retired member.  While we 
understand the circumstances surrounding the applicant’s 
request, we do not find the applicant completely without 
culpability.  The Air Force Reserve office of primary 
responsibility (OPR) does admit to an error by leaving the 
applicant in ISLRS too long; however, it appears the applicant 
was content with being inactive during those years of 
commissioned service and now just prior to reaching his MSD, on 
30 Jun 14, believes that he has been the victim of an error or 
injustice.  The OPR recommends discharge, with reappointment 
effective 25 Aug 03; however, the recommended correction is not 
within the Board’s authority.  In accordance with the governing 
Department of Defense and Air Force instructions, the Secretary 
of the Air Force does not have appointment authority; this 
authority has been delegated to the Secretary of Defense by the 
President of the United States.  In view of this and since the 
applicant has an available avenue of administrative relief that 
he has not yet exhausted, we recommend he apply through his 
senior leadership for a waiver of his MSD.  If successful, the 
applicant should be able to reach Sanctuary service, under the 
provisions of Title 10, United States Code, Section 12646 and 
afforded a Reserve retirement.  Therefore, in view of the above 
and in the absence of evidence to the contrary, we find no basis 
to recommend granting the relief sought in this application.

________________________________________________________________

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-2012-04618 in Executive Session on 25 Jul 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Oct 12, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, ARPC/DPTT, dated 31 Oct 12, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 6 Nov 12.




                                   Vice Chair

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