RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03417
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Mandatory Separation Date (MSD) be adjusted from Feb 02 to 
Jun 10 so that he is allowed to serve out those years in an 
active status.

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APPLICANT CONTENDS THAT:

His MSD includes the period he served in the Individual Ready 
Reserve (IRR), from Feb 02 to Jun 10, which will either require 
him to retire immediately upon being selected for lieutenant 
colonel, or in seven months if he is deferred for promotion.

He left the active Reserve in 1999 in order to pursue a Master’s 
degree.  He changed status from a CAT-A (traditional Reservist) 
to a CAT-E (drill for points only/no pay) Reservist.  Before he 
was reassigned to the IRR, he became a Reserve Admissions 
Officer (RAO) for the Civil Air Patrol (CAP) from Dec 99 to Feb 
02.  During that time he was a full-time student at Seminary, a 
full-time pastor, father and husband.  There was no way he could 
continue to serve in the Reserve, so it was recommended that he 
transfer to the IRR so he would not lose his time.  

He was told that he could return to the active Reserve at a 
later date and pick up where he left off. 

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 12 May 84, the applicant was appointed in the Air Force 
Reserve in the grade of second lieutenant.  His Total Federal 
Commissioned Service Date was established as 12 May 84.  On 
2 Sep 84, the applicant was called to Extended Active Duty 
(EAD).  On 7 Jul 92, he was released from EAD and transferred to 
the Selected Reserve (participating Reserve section).  He was 
credited with 7 years, 10 months and 5 days of active duty 
service.

On 12 May 02, the applicant was transferred into the Non-
Obligated Non-Participating Ready Personnel Section (NNRPS). 

On 12 May 04, he was reassigned to the Inactive Status List 
Reserve Section (ISLRS).

On 1 Jul 10, the applicant was reassigned to an IMA position at 
Duke Field ABS, Florida.  

The applicant was considered and nonselected by the Calendar 
Year 2012 (CY12) and the CY13 Lieutenant Colonel Promotion Board 
and as a result of his second nonselection, his MSD was 
established as 1 Mar 14.

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THE AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.   

They found no applicable laws to grant the applicant the relief 
he is requesting.

If the additional time in ISLRS was removed it would create a 
break in service from 11 May 07 to 30 Jun 10.  The Secretary of 
the Air Force (SAF) nor the Board has the authority to reappoint 
officers to the Reserve Active Status List (RASL).  The U.S. 
Attorney General has opinioned that the authority to appoint 
reserve officers to the Reserve Active Status List (RASL) can be 
delegated no lower than the Secretary of Defense (SEDEF).  

The applicant met his second promotion board for lieutenant 
colonel in Jun 13.  He was deferred for the second time and his 
MSD was established as 1 Mar 14.  On 30 Jun 13, he completed the 
qualification for transfer to the Retired Reserve by completing 
20 years of satisfactory service.  The applicant will be 
transferred to the Retired Reserve on his MSD (1 Mar 14).  
According to Title 10, United States Code (USC), Section 
1470l(b)(3) a reserve officer who holds the grade of major may 
not be continued on the RASL for a period which extends beyond 
the last day of the month in which the officer completes 
24 years of commissioned service.  The applicant completed 
24 years of commissioned service in May 08.  

The complete DPTT evaluation, with attachments, is at Exhibit C.  

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant reiterated his original contentions and summarized 
the events that have transpired since he separated from active 
duty in Jul 92.

His dilemma began while signing up for a training course and an 
error message indicated that the course completion date was 
beyond his MSD.  It was at this point that he realized that he 
was going to have to retire in Mar 14.

He was advised by the Air Reserve Personnel Center (ARPC) that 
his status as a Reservist was mishandled between the years 
2002 to 2010.  He was told that ARPC had made a mistake and 
after the first two or three years, he should have been placed 
in the ISLRS.  However, because this had not taken place, all 
the years from 2002 through 2010 has been counted toward active 
Reserve time.  He was advised that he should get those years 
back.

It is clear that a mistake has been made.  His status should 
have been changed and he should have had the years he is seeking 
available to him.  He would not have met his first promotion 
board and its subsequent deferment if his status and records had 
been correct.  Likewise, he would not have met the board with a 
Training Report but rather a substantial Office Performance 
Report (OPR).  Finally, he would not have been put in the 
position to have to choose whether to commit to learning how to 
employ the weapons system he had just been requalified in or try 
to complete Air Command and Staff College (ACSC).  Had his 
status and records been correct to start with, he would not have 
met either board and suffered the consequential deferments.  The 
questions before the Board today are - Is fixing this situation, 
making it right, a possibly difficult issue – yes; is it the 
right thing to do - yes.  

The applicant’s complete response, with attachment, is at 
Exhibit E.

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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 an error or injustice. The 
applicant argues that his retention in the Inactive Status List 
Reserve Section (ISLRS) beyond the prescribed three years caused 
his total commissioned service to continue to accrue, thereby 
causing his MSD to be established earlier than it would have had 
he been removed from ISLRS at the proper time.  However, after a 
thorough review of the evidence of record and the applicant’s 
complete submission, including his rebuttal response, we are not 
convinced that corrective action is warranted. In this respect, 
we note that if we were to recommend correcting the applicant’s 
records to show he was discharged from ISLRS when he contends he 
should have been, we would be unable to make further corrections 
to his records necessary to ensure the service he has already 
performed is creditable toward qualification for a reserve 
retirement.  As noted by DPTT, commissioned officers are 
appointed by the Secretary of Defense, whose authority in this 
matter cannot be delegated.  Therefore, neither the Secretary of 
the Air Force, nor this Board acting in the Secretary’s behalf, 
can re-appoint a commissioned officer who has been separated.  
Further, we note, based on the evidence of record and law, the 
applicant should have been discharged after he had attained 
24 years of commissioned service (2008).  While the applicant 
argues that he was advised early in his career to transfer to 
the IRR without resigning his commission, and although later 
errors were made in handling his status in the Reserve, we did 
not find that he has been disadvantaged.  In this respect, we 
note that while an MSD extension would provide the relief the 
applicant seeks, by inadvertently retaining the applicant in 
ISLRS the Air Force has already afforded him additional service 
and further opportunities for promotion to the next higher 
grade.  In view of this and in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application.

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 involved.  
Therefore, the request for a hearing is not favorably 
considered.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-03417 in Executive Session on 17 Jun 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jul 13. 
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, ARPC/DPTT, 17 Sep 13, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 13.
    Exhibit E.  Letter, Applicant, dated 11 Nov 13, w/atch.