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 applicants 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 applicants request to be
discharged after three years in ISLRS effective 12 Mar 99. The
applicants 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
applicants 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 applicants
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 Boards 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. Applicants 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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