Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2012 05680
Original file (BC 2012 05680.txt) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05680
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

The extra/erroneous time he was retained in the Inactive Status 
List Reserve Section (ISLRS) be added to his Mandatory 
Separation Date (MSD).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was assigned to ISLRS, effective 1 Jul 02.   In accordance 
with the governing Air Force instruction, officers are retained 
in ISLRS for three years, therefore, he should have been 
discharged on 30 Jun 05.  This administrative oversight was not 
his fault.

In support of his appeal, the applicant provides a copy of his 
orders reassigning him to ISLRS; a letter of notification from 
the Air Reserve Personnel Center (ARPC), dated 12 Dec 07; letter 
of discharge notification, dated 7 Jul 08, and various other 
documents.  

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

________________________________________________________________

STATEMENT OF FACTS:

On 26 Feb 00, the applicant was voluntarily released from active 
duty with a reason for separation of completion of required 
active service and was transferred to the Non-obligation Non-
participating Ready Personnel Section (NNRPS).  He was credited 
with 14 years, 2 months, and 10 days of active duty service.

On 1 Jul 02, the applicant was transferred from the NNRPS to the 
ISLSR.  On 7 Jul 08, he was honorably discharged from all 
appointments.  


On 13 Sep 10, the applicant was appointed as a Reserve of the 
Air Force in the grade of major.  

________________________________________________________________

THE AIR FORCE EVALUATION:

ARPC/DPTT recommends approval of discharge after three years in 
ISLRS effective 30 Jun 03 (sic).  The applicant’s record should 
be corrected to reflect a break in service from 1 Jul 03 (sic) 
to 13 Sep 10, If approved.  

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 may be screened for 
involuntary discharge. 

The complete DPTT evaluation, with attachments, 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 17 Feb 13 for review and comment within 30 days 
(Exhibit D).  

At the time the applicant’s case was being staffed for 
presentation to the Board, the applicant was notified that the 
advisory opinion recommended that he be discharged on 30 Jun 03.  
However, the correct recommendation should have been 30 Jun 05.  
On 31 Oct 13, by email, the applicant agreed with the corrected 
recommendation and no revision to the advisory opinion was 
required.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action.  The Air Force OPR has addressed the issues 
presented by the applicant and we are in agreement with their 
opinion and the corrected recommendation.  In addition, while we 
note the applicant’s stated request to have the erroneous time 
in ISLRS added to his MSD, since he has not attained the grade 
of lieutenant colonel, by law, he does not have an established 
MSD.  Therefore, we recommend his discharge date be changed from 
7 Jul 08 to 30 Jun 05.  We believe this correction as 
recommended provides the applicant full and fitting relief.  
Accordingly, we recommend the applicant’s record be corrected as 
indicated below.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that he was 
discharged from all appointments, on 30 Jun 05 rather than 
7 Jul 08.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05680 in Executive Session on 7 Nov 13, under the 
provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Nov 12, w/atchs. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPTT, dated 15 Jan 13, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 13.




                                   Panel Chair




Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00428

    Original file (BC 2014 00428.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. The applicant separated from the Regular Air Force 31 Aug 04. When he met his second Reserve promotion board and was not selected for promotion, he incurred a MSD.

  • AF | BCMR | CY2013 | BC 2013 03417

    Original file (BC 2013 03417.txt) Auto-classification: Denied

    He was deferred for the second time and his MSD was established as 1 Mar 14. The applicant completed 24 years of commissioned service in May 08. ________________________________________________________________ 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...

  • 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. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends approval...

  • AF | BCMR | CY2012 | BC-2012-04644

    Original file (BC-2012-04644.txt) Auto-classification: Denied

    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. ...

  • AF | BCMR | CY2013 | BC 2012 04553

    Original file (BC 2012 04553.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04553 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His record be further corrected to account for his denied promotion opportunities to lieutenant colonel and colonel, in that he was not considered by promotion board for which he would have been eligible had he been accessed in the correct rank. ...

  • AF | BCMR | CY2013 | BC 2012 05389

    Original file (BC 2012 05389.txt) Auto-classification: Denied

    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. He was also permanently retained in the Inactive Reserve and his record was not reviewed in accordance with...

  • AF | BCMR | CY2014 | BC 2014 03292

    Original file (BC 2014 03292.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice which would warrant granting relief. In order to give him additional service time for the excess time he spent in ISLRS, the record would have to be changed to create a break in service after his...

  • AF | BCMR | CY2013 | BC-2012-02170

    Original file (BC-2012-02170.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02170 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He receive credit for all or some of the period served in Inactive Status List Reserve Section (ISLRS) to adjust his Total Federal Commissioned Service Date (TFCSD) and Mandatory Separation Date (MSD). The AFBCMR Legal Advisor recommends the Board...

  • AF | BCMR | CY2013 | BC 2013 01162

    Original file (BC 2013 01162.txt) Auto-classification: Denied

    The time he was retained in the Inactive Status List Reserve Section (ISLRS) from 1 Mar 99 through 9 Nov 05 be removed. When discharged, the applicant received separation pay and was transferred to the NNRPS for a period of three years. If the Board approves, the applicant’s record should be corrected to show a 1 Mar 02 to 9 Nov 05 break in service and reappointment into his new position on 10 Nov 05.

  • AF | BCMR | CY2013 | BC 2013 02600

    Original file (BC 2013 02600.txt) Auto-classification: Denied

    His time retained in the Inactive Status List Reserve Section (ISLRS) from 19 Aug 96 to 30 Sep 02 be removed in order to adjust his mandatory separation date (MSD) of 1 Dec 14. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. As a result, he would...