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

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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).

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APPLICANT CONTENDS THAT:

He believes he should have been discharged during the period 
identified in his records as ISLRS.  He intended to be 
discharged after 24 February 1996 at the end of his non-
participating ready status.  His military career opportunities 
and ability to attend schools are severely limited by his 
current MSD.  Although, this year, Air Force Reserve Command 
(AFRC) identified him as a high-potential officer, he was 
promoted position vacancy to the grade of Lieutenant Colonel, 
has deployed, and is scheduled to attend a professional military 
education course (PME), his options to serve are restrained 
based solely on his MSD.  

In support of his request, the applicant provides copies of his 
Duty History Information and Air Force Officer Data Verification 
Brief (DVB).  

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserves in 
the grade of Lieutenant Colonel, 0-5.  

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AIR FORCE EVALUATION:

1.  ARPC/DPTT recommends approval of discharge after three years 
in ISLRS effective 24 February 1999.  DPTT states the applicant 
was reassigned from his Air National Guard Unit to the Non-
Obligated Ready Personnel Section (NNRPS) effective 
24 February 1994.  On 25 February 1996, he was transferred into 
the ISLRS by Reserve Order HB-002083, dated 1 February 1996.  On 
31 March 2000, he was reassigned to a Reserve unit by Reserve 
Order DA-02497, dated 10 April 2000.  In accordance with AFI 36-
2115, Assignments Within the Reserve Components, paragraph 
4.4.2.7, Reserve officers generally remain assigned to ISLRS for 
three years after which time they may be screened for discharge.  

2.  DPTT further states, if approved, the applicant's record 
should be corrected to show a break in service from 
25 February 1999 to 30 March 2000.  His TFCSD should be changed 
from 9 September 1986 to 15 October 1987.  Correction to the 
TFCSD will automatically adjust his pay date and Total Years 
Service Date (TYSD) to reflect the appropriate dates.  The 
applicant would also require a new appointment as a Reserve 
officer.  His mandatory separation date would change from 
1 October 2014 to 1 November 2015.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 16 July 2012 for review and comment within 30 days, 
(Exhibit D).  To date, a response has not been received.  

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ADDITIONAL AIR FORCE EVALUATION:

1.  The AFBCMR Legal Advisor recommends the Board extend the 
applicant’s service by the same amount of time he spent on the 
ISLRS after he should have been discharged.  He notes that the 
ARPC/DPTT suggested remedy primarily involves correcting the 
record to show the applicant received an honorable discharge 
from the ISLRS on 24 February 1999.  This remedy would 
effectively shorten the total federal commissioned service of 
the applicant, thereby allowing him to remain in service for 
approximately another year before coming up on his mandatory 
separation date (MSD).  Unfortunately, the proposed remedy would 
also terminate the applicant’s appointment as an officer.  

2.  As ARPC/DPTT noted, the proposed remedy would require a new 
appointment as a Reserve officer. This view is correct.  A 
discharge from service terminates all appointments, and so a 
discharged officer would indeed require a new original 
appointment.  By law and policy, such appointments are made by 
the Secretary of Defense, but the Board exercises authority 
delegated only from the Secretary of the Air Force.  Hence, the 
AFBCMR Legal advisor recommends the Board adopt a different 
approach.  Since the major problem facing the applicant is his 
approaching MSD, the Board could simply extend the MSD.  Under 
10 U.S.C. § 1470l(a)(4) and DODI 1320.08, Continuation of 
Commissioned Officers on Active Duty and on the Reserve Active-
Status List, paragraph 6.5.1, the Board, acting for the 
Secretary, could correct the record to show the applicant was 
continued for any period up to 33 years of commissioned service.  

3.  Because the nature of the error in the applicant's case was 
failure to discharge him after three years on the ISLRS, the 
AFBCMR Legal Advisor recommends extending the applicant’s 
service by the same amount of time he spent on the ISLRS after 
he should have been discharged.  

The complete AFBCMR Legal Advisor evaluation is at Exhibit E.  

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to 
the applicant on 12 June 2013 for review and comment within 30 
days (Exhibit F).  To date, a response has not been received.  

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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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice to warrant correcting 
the record.  After a thorough review of the evidence of record, 
we note the applicant was properly assigned to the NNRPS for two 
years and then transferred to ISLRS on 1 February 1996.  
However, after serving three years in ISLRS he should have been 
discharged effective 24 February 1999.  We believe the excessive 
time in ISLRS, beyond three years, puts the applicant at a 
distinct disadvantage because of the time constrictions it puts 
on his current Reserve assignment.  Therefore, we adopt the 
AFBCMR Legal Advisor’s recommended remedy to extend the 
applicant’s service by the same amount of time he spent on the 
ISLRS after he should have been discharged.  Accordingly, we 
recommend his records 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.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that competent 
authority extended his Mandatory Separation Date (MSD) from 
1 October 2014 to 1 October 2017.  

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The following members of the Board considered this application 
in Executive Session on 1 August 2013, under the provisions of 
AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-02170:

    Exhibit A.  DD Form 149, dated 14 May 2012, w/atchs.
    Exhibit C.  Letter, ARPC/DPTT, dated 29 June 2012, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 July 2012.
    Exhibit E.  Letter, AFBCMR Legal Advisor, dated 10 May 2013.
    Exhibit F.  Letter, AFBCMR, dated 12 June 2013.