RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04091
		INDEX CODE:  113.00
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Inactive Ready Reserve (IRR) service count as active duty.

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APPLICANT CONTENDS THAT:

He was misinformed regarding his eligibility to join the Regular Air Force as an enlisted member after being involuntarily separated from the Air Force as an officer and would like the one year and six months of inactive reserve time to count as active duty time.  The information was proven to be wrong which enabled him to later re-join the Air Force as an enlisted member.

In support of his request, the applicant provided a personal statement, a letter from his commander, a presidential certificate, a DD Form 214, training records, a copy of his personal identification card, and an ATC letter.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 15 October 1986, the applicant enlisted as an airmen first class (E-3) into the Air Force Reserve Obligated Reserve Section (ORS) for the period of six years.  

On 29 April 1988 the applicant was honorably discharged from the Air Force Reserve and relieved from his enlisted status effective the same date.  

On 30 April 1988, the applicant was appointed a second lieutenant in the Reserve of the Air Force.

On 1 October 1988, the applicant was voluntarily ordered to Extended Active Duty (EAD) in the Regular Air Force.

On 14 October 1989, the applicant was eliminated from Specialized Undergraduate Pilot Training (SUNT).

On 19 December 1989, the applicant was involuntarily separated from the Regular Air Force with an honorable discharge.

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving in the Regular Air Force in the grade of technical sergeant (E-6).  His Total Active Federal Military Service Date (TAFMSD) is 25 March 1990.

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AIR FORCE EVALUATION:

AFPC/DPSIPR recommends denial.  Regarding the applicant's reenlistment entitlement DPSIPR states the applicant was a member of the Air Force Reserve Obligated Reserve Section (ORS) and not the Regular Air Force.  As a member of the ORS there was no entitlement to reenlist.  Title 10, USC 8258, provides a reenlistment entitlement to former enlisted members of the Regular Air Force not officers.

The complete DPSIPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he never assumed that he had a statutory entitlement; however, he wanted to know if there was any way that he could continue in the Air Force as an enlisted member even though he had a reserve commission.  The applicant asserts that in 1989, he was not given the appropriate information concerning his eligibility to continue in an active duty capacity.  He is asking for the time that he could have been in the Regular Air Force to count as active duty and not inactive service time.  The information provided to him in 1989 was proven to be wrong as he was allowed to re-enter the Regular Air Force in 1991 as an enlisted member.

His complete submission 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 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.  We took notice of the applicant's complete submission in judging the merits of the case.  The applicant's assertion of miscounseling is duly noted; however it appears because his prior enlisted status was not in the Regular Air Force, he was not entitled to continue on active duty in an enlisted status.  Furthermore, Air Force policy in effect at the time prohibited his enlistment once separated from commissioned service.  Therefore, absent evidence that the applicant was denied rights to which he was entitled or that the appropriate standards were not applied, 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 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-2007-04091 in Executive Session on 2 October 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2007-04091:

    Exhibit A.  DD Form 149, dated 16 September 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIPR, dated 20 August 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 29 August 2008.
    Exhibit E.  Letter, Applicant, dated 12 September 2008.