RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01063
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His break in service between 2 Jul 12 and 28 Nov 12 be removed.
APPLICANT CONTENDS THAT:
His records do not reflect his time spent in the Individual Ready
Reserve (IRR).
After leaving active duty he received notification that he was
transferred to the IRR; therefore, he should not have a break in
service.
When he requested transfer to the Georgia Air National Guard
(GAANG), a review of his record revealed that he was not in the
IRR.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 7 Jun 01, the applicant entered active duty in the Regular Air
Force. On 9 Aug 11, the applicant applied for voluntary
separation and acknowledged that he did not want an AFR
commission.
On 1 Jul 12, the applicant resigned his commission and was
discharged with a narrative reason for separation of completion of
required active service.
On 29 Nov 12, the applicant was appointed as a lieutenant colonel
in the GAANG.
AIR FORCE EVALUATION:
ARPC/DPA recommends denial indicating the applicant was never in
the IRR and was not a member of the AFR in any capacity from 2 Jul
12 until 28 Nov 12. The recruiter's remarks on the AFRISS-R
summary states the applicant was not interested in becoming a
member of the AFR, rather he wanted full time employment.
In accordance with the Deputy Secretary of Defense Memo, dated
2 May 05, all military officer appointments under Section 12203 of
Title l0, United States Code (USC), not previously approved by
30 June 05, shall be submitted to the Secretary of Defense.
The complete DPA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant does not refute the advisory opinions statement
regarding out-processing comments made during his meeting with the
recruiter in May 12. Because of his new employment with Emory
University, it was his intent to transition to the ANG in the fall
of 2012, once he had settled in. While on terminal leave in June
12, he noted in his career brief that he was being assigned to
Buckley, CO reporting 2 Jul 12. He received a letter welcoming
him to the IRR so he did not question it as he had previously
noted it in his career brief of the pending assignment. His
ultimate goal was to transition to the ANG a few months later, so
he believed that transitioning from the IRR to the ANG would make
the transition smoother than if he had a break in service of
several months.
In Nov 12, when he transferred to the ANG, it was his
understanding that he was a part of the IRR due to the previous
communication welcoming him to the IRR. Additionally, he never
received any communication telling him the welcoming communication
was sent in error. He filled out his AFR assignment paperwork
based on this belief.
The applicants complete response, with attachments, is at
Exhibit E.
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. While the
applicant's assertion that he thought he was in the IRR based on a
notification letter he received is noted, he has not provided
substantial evidence which, in our opinion, successfully refutes
the assessment of his case by the Air Force Office of Primary
Responsibility (OPR). Therefore, we agree with the opinion and
recommendation of the OPR and adopt the rationale expressed as the
basis for our decision the applicant has failed to sustain his
burden of proof of either an error or an injustice. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the requested relief.
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-2014-01063 in Executive Session on 20 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Feb 14, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, ARPC/DPA, dated 23 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 1 Aug 14.
Exhibit E. Letter, Applicant, dated 30 Aug 14, w/atchs.
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