RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05075
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His name be removed from the Individual Ready Reserve (IRR)
roster.
________________________________________________________________
APPLICANT CONTENDS THAT:
He completed his Air Force service obligation and is not
required to serve in the IRR for three years in order to receive
separation pay. According to AFI 36-2005, Appointment in
Commissioned Grades and Designation and Assignment in
Professional Categories Reserve of the Air Force and United
States Air Force, table 2.2, item 25, he was not eligible for a
reserve appointment. Moreover, AFI 36-3207, Separating
Commissioned Officers, states that a regular officer not
qualified for a reserve appointment need not be appointed to be
eligible for full separation pay.
In support of his request, the applicant provides copies of ARPC
IMT 92, Appointment Order; AF IMT 100, Request and Authorization
for Separation; DD Form 214, Certification of Release or
Discharge from Active Duty, and various other documents
associated with his request.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 3 Nov 1997, the applicant entered the Regular Air Force.
On 31 Mar 2012, he was honorably discharged from the Air Force
in the grade of major (Maj, O-4) with a narrative reason for
separation of Non-Selection, Permanent Promotion. He served
14 years, 4 months, and 28 days of total active service.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPA recommends denial. DPA states that the references the
applicant referred to in his submission do not govern service
commitment for receipt/acceptance of separation pay. He was
involuntarily discharged from active duty and accepted
separation pay under § 1174 of Title 10, United States Code.
Therefore, he is required, by a written agreement with the
Secretary concerned, to serve in the Ready Reserve of a Reserve
component for a period of not less than three years following
his discharge or release from active duty.
The complete DPA evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 15 Mar 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
________________________________________________________________
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 error or 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 the
rationale expressed 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 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.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 15 Aug 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-05075:
Exhibit A. DD Form 149, dated 22 Oct 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPA, 7 Mar 2013.
Exhibit D. Letter, SAF/MRBR, dated 15 Mar 2013.
Panel Chair
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