RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01282
		INDEX CODE:135.03
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

On 15 February 1996, he was transferred from his Reserve Assignment to the Air Reserve Personnel Center (ARPC) for his own convenience rather than because of unsatisfactory participation.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Chief, Personnel Plans Division, AFRC/DPM, reviewed the application and recommends denial.  AFRC/DPM states that based on the information available they are unable to confirm the applicant’s claim that he submitted a request for reassignment.  However, even if the applicant did submit such a request, he remained obligated to participate with his assigned unit until his request was approved.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 17 August 2001, for review and response.  As of this date, no response has been received by this office. 

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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 probable error or injustice. After reviewing the evidence provided, we believe adequate doubt has been created concerning the fairness and propriety of the procedures used to reassign the applicant to ARPC for "unsatisfactory participation." Although the Unit's records regarding the applicant are now missing, documentation provided by the applicant appears to indicate he did in fact notify his unit of his inability to meet required Unit Training Assemblies and requested reassignment to the inactive Reserve. Furthermore, a review of the applicant’s service history prior to his reassignment request is satisfactory. There is no evidence from ARPC that the applicant had been advised in writing that his performance had changed from satisfactory to unsatisfactory, or that he was warned that the reassignment action would be pending. Based on there being no indication from the Air Force Reserve that it gave advance notice to the applicant, and based on evidence presented by the applicant, and in the absence of a basis to question the integrity of this individual, we recommend that any doubt be resolved in favor of the applicant and conclude that the reason for his assignment to ARPC should be changed. Therefore, we recommend the applicant's records be corrected to the extent indicated below.

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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 effective 15 February 1996, he was transferred from his Reserve assignment to the Air Reserve Personnel Center for the convenience of the Government, rather than because of unsatisfactory participation.

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The following members of the Board considered this application in Executive Session on 3 October 2001, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 20 April 2001 w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records
   Exhibit C.  Letter, AFRC/DPM, dated 6 August 2001.
   Exhibit D.  Letter, SAF/MIBR, dated 17 August 2001.

                                   Panel Chair 

AFBCMR 01-01282

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that effective 15 February 1996, he was transferred from his Reserve assignment to the Air Reserve Personnel Center for the convenience of the Government, rather than because of unsatisfactory participation.

                                                                             Director
                                                                             Air Force Review Boards Agency