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AF | BCMR | CY2013 | BC 2013 01162
Original file (BC 2013 01162.txt) Auto-classification: Denied
                       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 applicant’s 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 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.  

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.  Applicant’s 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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