RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05389
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
The time he was retained in the Inactive Status List Reserve
Section (ISLRS) from 31 Dec 97 through 22 Nov 05 be removed.
________________________________________________________________
APPLICANT CONTENDS THAT:
His status as a member of the inactive reserve should have been
terminated on 31 Dec 97, however, due to the Department of
Defense (DoD) transition to electronic record keeping, he was
erroneously (and in violation of DoD regulations) retained in
ISLRS until 22 Feb 05.
He was also permanently retained in the Inactive Reserve and his
record was not reviewed in accordance with the applicable DoD
regulations.
By allowing the invalid status to remain in his record, his
total commissioned service time expired on 14 Mar 13, forcibly
separating him from service and denying him an opportunity to
advance in grade.
In support of his appeal, the applicant provides a copy of his
orders reassigning him from ISLRS to the Air National Guard.
The applicants complete submission, with attachment, 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
31 Dec 92, the applicant was involuntarily released from active
duty with a reason for separation of involuntary release
strength reduction and was transferred to the inactive Air Force
Reserve.
On 1 Jan 95, the applicant was transferred from the Non-
obligation Non-participating Ready Personnel Section (NNRPS) to
ISLSR.
On 20 Nov 04, the applicant was reassigned to the Pennsylvania
Air National Guard (PA ANG).
The applicant was promoted to the grade of major having assumed
that grade effective and with a Date of Rank (DOR) of 1 Oct 07.
The applicant was credited with 16 years of satisfactory
service.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPTT recommends approval of discharge after three years in
ISLRS effective 31 Dec 98. If approved, the applicants record
should be corrected to show a 1 Jan 99 to 19 Nov 04 break in
service up to his 20 Nov 04 assignment.
When discharged, the applicant received separation pay and was
transferred to the NNRPS on 31 Dec 92 for a period of three
years. On 1 Jan 95, he went to ISLRS until he acquired an
assignment with the ANG effective 20 Nov 04.
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.
The complete DPTT evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant had no more documentation or comments to add and
requested the Board expedite his application.
The applicants complete response 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 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 was erroneously
retained in ISLRS and should have been removed after three
years. As a result, he will be mandatorily separated based on
28 years of commissioned service and believes that he has been
the victim of an error or injustice. The Air Force Reserve
office of primary responsibility (OPR) does admit to leaving the
applicant in ISLRS over three years and recommends discharge
effective 31 Dec 98; however, the recommended correction, in our
view, would be detrimental to the applicant and would cause him
unintentional harm. In this respect, we note, that the
Secretary of the Air Force does not have appointment authority;
therefore the applicant would become a civilian and incur a debt
for separation pay and additional service. Aside, the applicant
indicates that he will be mandatorily separated at 28 years of
commissioned service; however, in accordance with the governing
law and statutes, a Mandatory Separation Date (MSD) is not
established on a commissioned officer in the grade of major
until they have been twice deferred for promotion to the grade
of lieutenant colonel. The applicant has not yet met the
mandatory eligibility criteria for promotion consideration to
the grade of lieutenant colonel. Therefore, in our view, he
does not have an MSD. 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-2012-05389 in Executive Session on 27 Aug 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Nov 12, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, ARPC/DPTT, dated 11 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13.
Exhibit E. Letter, Applicant, dated 12 Feb 13.
Panel Chair
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