RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01162
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The time he was retained in the Inactive Status List Reserve
Section (ISLRS) from 1 Mar 99 through 9 Nov 05 be removed.
2. His Total Federal Commissioned Service Date (TFCSD) be
changed based on the corrected action.
________________________________________________________________
APPLICANT CONTENDS THAT:
His status as a member of the inactive reserve should have been
terminated on 1 Mar 99, however, discussions with the Air
Reserve Personnel Center (ARPC) representatives revealed that
during that same time ARPC was transitioning to a new computer
records automation system. Because of this new system they were
unable to identify and correctly process discharges for
personnel completing their Military Service Obligations (MSOs)
for a significant period of time.
Based on AF policy, at the end of his MSO, he should have been
discharged and had this occurred he would have had a break in
service for a period of six years.
Given the errors and their substantive impact of unfairly
decreasing his total service duration, the time in the ISLRS
should be removed. He understands and accepts that if his
service dates are adjusted a monetary debt could be incurred.
In support of his appeal, the applicant provides a personnel
statement; copies of his active duty separation documents;
promotion orders; orders reassigning him from the Nonobligated
Nonparticipating Ready Personnel Section (NNRPS) to the ISLRS
and from the ISLRS to the Air National Guard (ANG) and various
other documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 29 Feb 96, the applicant was discharged from active duty with
a reason for separation of non-selection, permanent promotion
and was transferred to the Non-obligated Non-participating Ready
Personnel Section (NNRPS).
Reserve Order (RO) HB-009, dated 1 Nov 05, reflects on 1 Mar 99,
the applicant was transferred from the NNRPS to the ISLSR.
On 10 Nov 05, the applicant was reassigned to the Selected
Reserve as an Individual Mobilization Augmentee (IMA) with the
National Air and Space Intelligence Center at Wright-Patterson
AFB, OH.
Reserve Order RO BA-055, dated 3 Nov 06, reflects the applicant
was promoted (retroactively) to the grade of major having
assumed that grade effective and with a Date of Rank (DOR) of
1 Oct 98.
On 27 Jan 12, the applicant was transferred to the Ohio Air
National Guard (OHANG).
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPTT recommends approval of discharge after three years in
ISLRS effective 28 Feb 02. 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 time they may be screened for involuntary discharge.
When discharged, the applicant received separation pay and was
transferred to the NNRPS for a period of three years. On 1 Mar
99, he went to ISLRS until he acquired an assignment 10 Nov 05.
If the Board approves, the applicants 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.
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 6 Apr 13 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 note
ARPC/DPTT is recommending the Board correct his record to show a
break-in-service from 1 Mar 02 to 9 Nov 05 and reappoint the
applicant in his new position effective 10 Nov 05; however,
since the SECAF does not have appointment authority, correcting
the record in the manner suggested could conceivably be
detrimental to the applicant as he would no longer be a Reserve
officer and would incur a debt for the separation pay he
received. As such, we are not inclined to disturb the record as
it currently stands. In view of the foregoing 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-2013-01162 in Executive Session on 20 Feb 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 13, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, ARPC/DPTT, undated, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13.
Panel Chair
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