RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04644
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect he was retained on the
Inactive Status List Reserve Section (ISLRS) for only three
years so that his Mandatory Separation Date (MSD) may be
extended.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to multiple deaths in his family, he was named the
Administrator/Executor of three estates. Because of this, he
had to extend his current stay in the Inactive Reserves for
several years. However, the workload associated with these
responsibilities is waning and now allows him to pursue a
reserve assignment.
The applicantÂ’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of primary
responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating there is no evidence of
an error or injustice. On 30 Nov 05, the applicant was
discharged from the New York Air National Guard and transferred
to the Non-Obligated Ready Personnel Section (NNRPS). On 22 May
07, he was transferred to ISLRS. On 7 Apr 10, the applicant was
sent a certified notification advising him that he was pending
separation from ISLRS and transfer to the Retired Reserve or
discharged in accordance with the governing policy that limits
membership in ISLRS to three years. However, since then, the
applicant has requested and was granted seven different
extensions to find an assignment where he could return to active
status. While AFI 36-2115, Assignments within the Reserve
Components, indicates that Reserve officers are generally
assigned to ISLRS for only three years, the applicant made
multiple requests for an extension. On 10 Jul 12, he was sent a
letter advising him that he will be transferred to the Retired
Reserve on his mandatory separation date (MSD) of 1 Jun 13.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submits that his civilian position as a full-time
Safety Manager with JetBlue Airways and the requirement to
maintain flight proficiency precluded him from dedicating the
required time to maintain currency and serve in his reserve
capacity. He also reiterated that, beginning in September 2007,
the deaths of multiple family members was the beginning of a
series of legal issues he became responsible for handling. He
provided additional documentation substantiating the validity of
his responsibility to handle the estates of his deceased family
members; however, those issues are now subsiding and he is able
to pursue and assignment to serve in his reserve capacity. Also
now that these issues have been resolved, he strongly desires to
use his experience to pursue a reserve assignment with the Navy.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicantÂ’s complete submission, including his
rebuttal response, in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale
as the basis for our conclusion the applicant has not been the
victim of an error or injustice. Therefore, 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-2012-04644 in Executive Session on 25 Jun 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Sep 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 9 Jan 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.
Exhibit E. Letter, Applicant, dated 8 Feb 13, w/atchs.
Panel Chair
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