RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02335
		INDEX CODE:  125.00

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His records be changed to show the time he spent from 1 February 1992 through 20 February 1995 was actually a break in service and not time spent in the Non-obligated, Non-participating Ready Personnel Section (NNRPS) from 1 February 1992 through 31 January 1994 and, the Inactive Status List Reserve Section (ISLRS) from 1 February 1994 through 20 February 1995.

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APPLICANT CONTENDS THAT:

When he left the Regular Air Force on 31 January 1992, he wanted to pursue a civilian career.  He was not briefed nor was he aware of the ramifications of being placed in the inactive Reserve and the impact it would have on his future ability to serve.  Further, his DD Form 214, Certificate of Release or Discharge from Active Duty, indicated in block 9, Command to Which Transferred, “Not Applicable.”  Therefore he was not aware he had been transferred to the inactive Reserve.  When he inquired about correcting the error on his DD Form 214 in February 1995 and again in October 1996, he was informed that being a traditional guardsman the years he spent in the inactive Reserve would not be detrimental to his career or retirement.  While he will serve a minimum of 28 years, he will only achieve 25 years of satisfactory service thereby affecting his ability to be promoted and his retirement.  He is currently being considered for promotion to the grade of colonel.  If he is selected, because of the time spent on NNRPS and ISLRS, he will not be able to serve the three years necessary to retire in that grade.  Promotion to the grade of colonel requires three years time in grade (TIG) before the member is considered qualified to retire in that grade.

In support of his appeal, the applicant has provided a personal statement and letters of support from his chain of command at the New Hampshire Air National Guard (NHANG), his DD Form 214, Air Force Form 100, Request and Authorization for Separation, and pertinent copies of his personnel record.

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

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STATEMENT OF FACTS:

Applicant was appointed in the Regular Air Force on 30 May 1981 and served over 10 years before leaving the Air Force on 31 January 1992.  Upon leaving the Air Force he was transferred to the NNRPS on 1 February 1992 and then to the ISLRS on 1 February 1994 where he remained until he joined the ANG on 21 February 1995.  His Mandatory Separation Date (MSD) is 1 January 2009.  He is currently serving with the NHANG and has over 23 years of satisfactory service.

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AIR FORCE EVALUATION:

ARPC/DPA recommends denial.  DPA states at his discharge from active duty, the documents submitted by the applicant all indicated he had no further service obligation.  On 1 February 1992, HQ ARPC/DPAAA issued a tender letter for appointment to the Reserve of the Air Force and oath of office which the member accomplished in the Air Force Reserve on 1 February 1992.  Subsequently, Reserve Orders were published on 1 February 1994 and sent to the member indicating his placement in ISLRS.  DPA notes that his DOR would remain the same whether he was awarded a civilian break in service as requested or his NNRPS/ISLRS time was left as is.  DPA further states should he be promoted to the grade of colonel that his MSD would be extended to 1 January 2011 and, if he were to be involuntarily separated prior to reaching his new MSD and he had at least six months TIG, he would be able to retire in the grade of colonel.  He was appointed appropriately as a resigning regular officer at the same grade held with no break in service, in the same competitive category to the Line of the Air Force Reserve, in accordance with Air Force Instruction (AFI) 36-2005 and title 10, United States Code (U.S.C.).

DPA’s complete evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his records should be corrected to reflect a break in service as he has the support of the entire leadership of the NHANG.  Further, he has received a Certificate of Eligibility (COE) for the grade of colonel and has been recommended for promotion.  He cannot consummate his promotion until he is able to fill a colonel position at the NHANG.  He contends the earliest colonel position that will become available to him will not be available until late 2009.  His MSD is January 2009.  He asks the Board to correct his record and allow him to be promoted and serve an additional three years as a colonel.

Applicant’s complete response is at 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In fact, he voluntarily entered the IRR as evidenced by his completion of the oath of office in 1992 and did not serve again until approximately three years later.  We do not dispute his record of exemplary service and we noted the support he garnered from his chain of command; however, there is no error or injustice evident in his record that would require corrective action by this Board.  Indeed, the system appears to have worked exactly as it should have in this case.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 involved.  Therefore, the request for a hearing is not favorably considered.

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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-2007-02335 in Executive Session on 11 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A. DD Form 149, dated 6 July 2007, w/atchs.
    Exhibit B. Letter, ARPC/DPA, dated 10 September 2007, w/atch.
    Exhibit C. Letter, SAF/MRBR, dated 14 September 2007.
    Exhibit D. Letter, Applicant, dated 20 September 2007, w/atch.