RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03681
		INDEX CODE:  110.01

		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 19 Jul 96 to 19 Jul 94.

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APPLICANT CONTENDS THAT:

It was never his intent to remain in the inactive Reserve for over 10 years.

He has been recruited to re-affiliate with the --- Air National Guard as a Flight Surgeon; however, it has been discovered that he was assigned to the Air Reserve Personnel Center (ARPC) in an inactive Reserve status from Sep 85 until Jul 96.  This, combined with his prior Air Force and Air National Guard time constitutes over 23 years of Total Federal Commissioned Service (TFCS), requiring him to be re-appointed as an 0-6 where no 0-6 position is available.  His intent was not to be assigned to the inactive Reserve for a length of time that would preclude future unit affiliation.

In support of his appeal, the applicant provided extracts from his military personnel records, including copies of his appointment order and separation documents.

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 (Medical Service Corps), on 20 Jun 73.  He served on extended active duty (EAD) with the Air Force from 8 Jun 75 to 7 Jun 78, and transferred to the Nonaffiliated Reserve Section (NARS) of the Unites States Air Force Reserve (USAFR) on 8 Jun 78.  He was assigned to ISLRS on 20 Nov 79.

On 6 Sep 80, the applicant was appointed a captain in the ---- National Guard.  The applicant was honorably discharged from the ---- Air National Guard on 3 Sep 85 and was transferred to NARS on 4 Sep 85.  He was transferred to ISLRS on 20 Oct 87, and remained in ISLRS until 19 Jul 96, when he was honorably discharged from all appointments in the Air Force.  As of retirement/retention year closing 5 Sep 86, the applicant was credited with seven (7) years of satisfactory Federal service for retirement.

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/DPA recommended denial indicating that, as required by AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, the Air Force Reserve Personnel Center periodically screens officers assigned to ISLRS for retention/discharge.  Usually, members who hold non-critical Air Force Specialty Codes (AFSCs) remain in ISLRS for three (3) years and critical AFSCs for seven (7) years or longer unless the member resigns their commission earlier.  The applicant had a critical AFSC and was retained in ISLRS beyond the three year point.  The applicant remained in ISLRS for eight (8) years and nine (9) months, and was sent a Notification of Proposed Action letter giving him the option to resign or have his case considered by an administrative discharge board for a one year retention or honorable discharge.  The applicant tendered his resignation in lieu of having his case considered by an administrative discharge board on 27 Jun 96, and was discharged on 19 Jul 96.

According to ARPC/DPA, the applicant was aware that he was being retained in the ISLRS program through Reserve Order HA-151, and  there was no evidence of him seeking an assignment or resigning his commission prior to 27 Jun 96.

A complete copy of the ARPC/DPA evaluation 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 applicant on 17 Jan 03 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient 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 20 Oct 87 and remained in ISLRS until 19 Jul 96, when he was honorably discharged from all appointments in the Air Force.  The applicant now requests that his records be corrected to reflect that he was discharged on 19 Jul 94, claiming that it was never his intent to remain in the inactive Reserve for a period of time that would preclude him from future unit affiliation.  However, after a thorough review of the facts and circumstances of this case, we find no evidence which would lead us to believe that the period of time the applicant was assigned to ISLRS was erroneous, or that he was improperly advised regarding his options while assigned to ISLRS.  In view of the foregoing, and in the absence of evidence that he was treated differently than other similarly-situated individuals, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2002-03681 in Executive Session on 13 May 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 13 Jan 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.