RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02091
		INDEX CODE:  102.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The date of his discharge from the Inactive Status List Reserve Section (ISLRS) be changed from 9 Feb 78 to 9 Jul 76.

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APPLICANT CONTENDS THAT:

He was released from active duty in Mar 74.  His six-year military service obligation (MSO) ended in Sep 74.  He was contacted in Jul 76 that he was to be administratively discharged from the Air Force Reserve (ISLRS).  He firmly believes that he was discharged on that date.  He joined the United States Naval Reserve in 1981.  At that time, his records were not supposed to reflect the period of time in ISLRS.  This time is paramount in that it shortens the date of his 30 years of commissioned service in the United States Naval Reserve.

In support of his appeal, the applicant provided an expanded statement and a letter from the Personnel Support Division (ARPC/DPAF) regarding correction of his military records.

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

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force, on 20 Dec 68.  He was released from active duty on 4 Mar 74 in the grade of captain and transferred to the Obligated Reserve Section (ORS) on 5 Mar 74.

By Reserve Order HB-004601, dated 1 Sep 74, the applicant was reassigned to ISLRS effective 30 Sep 74.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

ARPC/DPP recommended denial noting that on 28 Jul 76, the Discharge Branch (ARPC/DPAAD) notified the applicant by letter that he was being screened for possible administrative discharge, due to prolonged assignment to ISLRS.  The applicant was offered a number of options as a result of the ISLRS screening process and he chose to pursue a possible assignment with the Ready Reserve.  This stopped any further administrative discharge board action for the immediate future and allowed the applicant to remain in ISLRS to search for a participating assignment.  On 11 Aug 77, DPAAD informed the applicant his case was being referred to an administrative discharge board since confirmation of the applicant receiving a Ready Reserve participating assignment had not been received.  The applicant replied to DPAAD stating he still wanted help in acquiring an assignment but was told in a telephone conversation that no such assignment was available.  The applicant’s case was reviewed in a disposition board that met on 17 Nov 77, and the board recommended the applicant’s retention in ISLRS be terminated and he be honorably discharged from the Air Force Reserve.  The Commander of ARPC approved these recommendations and the applicant was formally discharged from the Air Force Reserve effective 9 Feb 78.

ARPC/DPP stated that they are in agreement with the detailed explanation the Personnel Support Division (ARPC/DPAF) sent the applicant explaining how the assignment process works and how the service time is calculated with one exception.  The applicant’s MSO started on his initial entry into military service on 9 Jul 68, giving him an MSO of six years until 8 Jul 74, in accordance with AFI 36-2115, Table 5.2, Rule 3.  Their review of the applicant’s record did not reveal anything contrary to what has already been explained other than this, and they found no relevant evidence to justify a change of service dates.

According to ARPC/DPP, the applicant was properly advised of the options available while assigned to ISLRS and correspondence in his record shows he opted to obtain an assignment, resulting in extending the time in this Reserve category.

A complete copy of the ARPC/DPP evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated he would simply like to reiterate that he firmly believes he was discharged in Jul 76 due to a prolonged assignment in ISLRS.  At that time, he replied stating he would like to participate in an active Air Force Reserve status only if offered an assignment to a Ready Reserve unit at McChord AFB, Washington.  He also had contacted the section handling Reserve status affairs and they also confirmed that he was under no further obligation at that time.  Eventually, he was sent another Notification of Proposed Action letter on 11 Aug 77 stating that he would be discharged from ISLRS (although he thought he was already discharged in Jul 76). This letter also stated that he was not in a Ready Reserve status.  He was sent another letter on 9 Feb 78 stating that he was finally discharged.  He did not realize that these later dates and correspondence erroneously leaving him in ISLRS would eventually affect his 30-year commissioning date of service.  He categorically should not have been extended in ISLRS.  He believes the errors occurred in his ISLRS periods was due to the fact that he had sent in a letter of interest for assistance in finding an Air Force Reserve unit and was not attended for any other purpose.  That somehow incorrectly extended his time in ISLRS.  Again, this was an oversight error.

Applicant’s complete response 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The evidence of record indicates that the applicant was assigned to ISLRS on 30 Sep 74 and was eventually discharged from the Air Force Reserve on 9 Feb 78 after a prolonged assignment in ISLRS.  The applicant now requests that his records be corrected to reflect that he was discharged on 9 Jul 76, claiming that after receiving notification, he believed he was to be discharged in Jul 76.  However, after a thorough review of the facts and circumstances of this case, we note the applicant was notified that he was being screened for possible administrative discharge.  It appears that he was offered a number of options as a result of the screening process and chose to pursue a possible reassignment out of ISLRS, which continued until Aug 77, when he was informed that his case was to be referred to a administrative discharge board. The board convened on 17 Nov 77 and recommended that his retention in ISLRS be terminated and he be honorably discharged, which occurred on 9 Feb 78.  No evidence has been presented which 
would lead the Board to believe that the additional time the applicant was assigned to ISLRS was erroneous, or that he was improperly advised regarding his options while assigned to ISLRS.  Notwithstanding this, a majority of the Board notes that the applicant continued his military service in the Naval Reserve after his discharge, where he is currently serving as a Senior Naval Officer.  It appears now that he has been offered the opportunity for an active duty assignment with the Navy.  However, because the inclusion of his time in ISLRS would result in his exceeding his mandatory service date (MSD), he would be prevented from accepting the assignment.  The majority also notes the applicant's dedicated service to his country over the years and his willingness to continue to be of service to the nation.  Therefore, the majority believes that the applicant should not be precluded from rendering further service if the Navy desires to have him.  The majority notes the applicant's request that his date of discharge from ISLRS be changed to 9 Jul 76.  However, since it appears that the applicant's MSO ended on 9 Jul 74, a majority of the Board is inclined to change his discharge date to his MSO expiration date, and recommends that his records be corrected as set forth 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 on 9 Jul 74, he was discharged from all appointments in the United States Air Force.

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The following members of the Board considered AFBCMR Docket Number 02-02091 in Executive Session on 11 Mar 03, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to correct the records, as recommended.  voted to deny relief but did not desire to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Nov 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPP, dated 20 Dec 02, w/atch.

     Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
     Exhibit E.  Letter, applicant, dated 10 Jan 03.

                                   Panel Chair

AFBCMR 02-02091

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 on 9 Jul 74, he was discharged from all appointments in the United States Air Force.

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency