RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01524
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her 1 Oct 11 Mandatory Separation Date (MSD) be waived.

2.  Her 1 Oct 11 discharge be revoked or reversed.

3.  She be placed in an active reserve status and assigned to 
the 81st Security Forces Squadron, Kessler AFB, MS, as an 
individual mobilization augmentee (IMA). 

4.  She receive satisfactory service credit, pay, and points 
from 1 Oct 11 through Nov 14.

________________________________________________________________

APPLICANT CONTENDS THAT:

Because she was retained on the Inactive Status List Reserve 
Section (ISLRS) six years too long, her promotion to lieutenant 
colonel (O-5) in 2011 generated a retroactive MSD in 2008.  
While her MSD was extended for three years because she qualified 
for retention under Reserve Sanctuary, she was discharged with 
just 19 years and 7 months of satisfactory reserve service, just 
months before reaching eligibility for retirement.

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

_________________ ______________________________________________

STATEMENT OF FACTS:

On 16 Sep 80, the applicant entered the Air Force as a second 
lieutenant.

On 26 Jun 89, the applicant resigned and, on 26 Dec 89, she was 
appointed in the Air Force Reserve as an Individual Mobilization 
Augmentee (IMA).

On 18 Oct 91, the applicant was re-assigned to the Non-Obligated 
Non-participating Ready Reserve.  On 18 Oct 93, she was re-
assigned to the ISLRS where she remained for over nine years 
until her accession into the IMA program with the 81st Security 
Forces Squadron (SFS) on 19 Nov 02.

In accordance with AFI 36-3209, Separation and Retirement 
Procedures for Air National Guard and Air Force Reserve Members, 
officers are generally retained in ISLRS for three years, at 
which time they are screened for discharge.

On 1 Oct 11, the applicant was selected for promotion to the 
grade of lieutenant colonel (O-5), which generated a mandatory 
separation date (MSD) of 28 years of commissioned service.  
Unfortunately, this generated a retroactive MSD of 1 Oct 08, 
based on her initial appointment as an officer in 1980.  
However, since the applicant had attained 18, but less than 20, 
years of satisfactory reserve service, she was eligible for 
retention for three years beyond her MSD under the provisions of 
Reserve Sanctuary.  As such, the applicant’s MSD was adjusted to 
1 Oct 11.

On 1 Oct 11, the applicant was furnished an honorable discharge 
upon reaching her MSD and was credited with 19 years, 7 months, 
and 18 days of satisfactory service for retirement.

By virtue of a DD Form 149, Application for Correction of 
Military Records, dated 30 Nov 11, the applicant requested her 
military records be corrected to reflect she was discharged from 
ISLRS upon completion of the three-year requirement, instead of 
being retained in ISLRS for nine years.  Relying on an 
affirmative recommendation from the Air Reserve Personnel Center 
(ARPC), the Board recommended the applicant’s request be granted 
and, on 28 Sep 12, SAF/MRB issued an instrument directing the 
applicant’s record be corrected to reflect that she was not 
retained in ISLRS for over nine years, but discharged on 
19 Oct 96.  However, said directive was not affected as doing so 
would have been adverse to the applicant as it would have 
created a break in service.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends that partial relief be granted indicating 
that it would be in the interest of justice to correct the 
applicant’s records to reflect her 1 Oct 11 MSD was waived and 
that she was retained in the Reserve until 1 Apr 12, when she 
would have qualified for a reserve retirement.  The applicant’s 
prolonged retention in ISLRS was no fault of her own and caused 
her service to continue to toll.  As a result, a retroactive MSD 
was established when she was selected for promotion to the grade 
of lieutenant colonel (O-5).  Per DOD policy, neither the SecAF 
nor the AFBCMR has the authority to reappoint reserve officers 
to the RASL, but may continue them on the RASL under the 
provisions of 10 USC 12701 [sic] under regulations prescribed by 
the Secretary of Defense.  In accordance with DoDI 1320.08, the 
Secretary of Defense has delegated authority to the service 
Secretaries to defer removal under 10 USC 12701 [sic].  As such, 
the Board should correct her records to reflect that she was not 
discharged on 31 Oct 11, but continued to serve until 31 Mar 12 
and retired, effective 1 Apr 12, with 20 years of satisfactory 
reserve service in the grade of lieutenant colonel (O-5).

A complete copy of the ARPC/DPA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 Jul 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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  The 
applicant contends her erroneous retention on the Inactive 
Status List Reserve (ISLRS) for more than nine years resulted in 
her being unable to attain sufficient satisfactory service to 
qualify for retirement before her mandatory separation date 
(MSD).  We note this Board previously determined that corrective 
action was warranted and, relying on advice from the Air Reserve 
Personnel Center (ARPC), recommended her records be corrected to 
reflect that she was not retained on the ISLRS for nine years, 
but was discharged after three years, effective 19 Oct 96.  
However, while correcting the record in this manner was intended 
to suspend the tolling of the applicant’s commissioned service 
so she would not be confronted with an MSD before attaining the 
requisite service for retirement, said correction would prove to 
be adverse to the applicant.  In this respect, we note that 
subsequent to our original recommendation, ARPC discovered the 
noted correction would cause a break in service and such a break 
would require the applicant’s records to be further corrected to 
reflect that she was appointed a reserve officer on 19 Nov 02 to 
coincide with the date she was accessed into the individual 
mobilization augmentee (IMA) program.  However, because officers 
are appointed by virtue of the authority of the Secretary of 
Defense, neither ARPC, nor this Board acting on behalf of the 
Secretary of the Air Force, has authority to do so.  As such, 
the Board’s original recommendation was never effected and the 
applicant’s records remain unchanged.  Irrespective of these 
difficulties, we remain convinced the applicant is the victim of 
an error or injustice and that corrective action is warranted.  
Therefore, in view of the fact that the Secretary of the Air 
Force has the authority to defer the removal of an officer from 
the RASL, we believe that it would be appropriate to correcting 
the applicant’s records to reflect that she was retained beyond 
her 1 Oct 11 MSD until 31 Mar 12, when she would have attained 
sufficient service to qualify for a reserve retirement.  While 
we note the applicant is requesting that her records be 
corrected to reflect she be reinstated and that her MSD be 
extended to Nov 14, we are not convinced by the evidence 
presented the applicant would have been retained beyond 
retirement eligibility were it not for the events under review.  
In our view, correcting the applicant’s records to credit her 
with sufficient service for retirement represents proper and 
fitting relief.  Therefore, we recommend the applicant’s records 
be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that:

	a.  On 1 October 2011, competent authority approved the 
deferral of the applicant’s removal from the Reserve Active 
Status List (RASL) until 31 March 2012 under the provisions of 
Title 10, United States Code (USC), Section 14701.

	b.  She was awarded an additional 13 non-paid inactive duty 
training points for retirement/retention year 19 November 2011 
through 31 March 2012, resulting in 19 total points, resulting 
in the period 19 November 2011 through 31 March 2012 being 
credited as a partial year of satisfactory reserve service.

	c.  On 31 March 2012, she was released from her current 
assignment and assigned to the Retired Reserve List, effective 
1 April 2012, and eligible for retried pay at age 60 under the 
provisions of Title 10, USC, Section 12731.

________________________________________________________________




The following members of the Board considered AFBCMR Docket 
Number BC-2013-01524 in Executive Session on 22 Jul 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

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

	 Exhibit A.  DD Form 149, dated 19 Mar 13, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, ARPC/DPA, dated 17 Jun 13, w/atch.
	 Exhibit D.  Letter, SAF/MRBR, dated 5 Jul 13.




                                   Panel Chair