RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04464 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His date of transfer to the Inactive Status List Reserve Section (ISLRS) be changed from 1 Jul 02 to 10 Oct 01. 2. He meet a Special Selection Board (SSB) for the V0509D Lieutenant Colonel Board in-the-promotion zone (IPZ). 3. He meet an SSB for the next board after the V0509D Lieutenant Colonel Board as an above-the-promotion zone (APZ) candidate. 4. He be reinstated as a reservist in order attain twenty good years of service. _________________________________________________________________ APPLICANT CONTENDS THAT: He was separated from the Air Force after being twice passed-over for promotion to lieutenant colonel. In support of his appeal, the applicant submits copies of documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTS recommends the requested relief be denied. The applicant requested and was granted a voluntary reassignment from the 301st Airlift Squadron to the Individual Ready Reserve (IRR) into the Non-Obligated Non-Participating Ready Personnel Section (NNRPS) due to Civilian Job/School Conflict on 10 Oct 1999. He was reassigned to ISLRS on 10 Oct 2001 once he attained the maximum 24-month retention period in accordance with AFI 36-2115, Assignments Within the Reserve Components. However, it was later discovered the applicant was subject to the provisions of Stop- Loss and should not have been assigned to ISLRS. Therefore, he was reassigned back to NNRPS and the original reassignment order was rescinded. When the applicant was released from Stop-Loss his reassignment from NNRPS to ISLRS was affected on 1 Jul 2002. The applicant accepted an assignment as an Air Force Admissions Liaison Officer (ALO) with the 9001 ARS on 15 Feb 2005. He was separated from the Air Force Reserve on 1 Mar 2010 due to a second deferral for promotion to Lieutenant Colonel. At the time of separation he had 16 years of satisfactory Reserve Service toward his 20-year retirement. The applicant requested assignment to the Individual Ready Reserve (IRR) and was retained in the Non-Participating Ready Personnel Section (NNRPS) and was transferred to ISLRS when he was released from the Stop-Loss. The applicant was eligible at any time while in an inactive status to request a separation or obtain a participating assignment. He chose neither. The complete ARPC/DPTS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel states DPTS failed to note the order rescinding the applicant’s transfer to ISLRS was rescinded three and one-half months after the original order. The applicant did not perform any duty until he accepted a new assignment in 2005. The applicant could have requested to be moved to the ISLRS despite being subject to Stop-Loss in accordance with part four of the Air Force Stop-Loss Policy; or he could apply to be released from Stop-Loss and transferred to ISLRS. However, he had no idea he needed to request this as he was not performing any duty. The order transferring him to ISLRS was automatic and was rescinded after the fact without his knowledge or input by him. Counsel states that at the time requests were being approved for personnel not needed to be released from the Stop- Loss; she believes the applicant’s request would have been approved. The applicant has 17 years of creditable service and believed he had sufficient time to complete 20 years of good service. Counsel’s complete statement, with attachments, is at Exhibit E. _________________________________________________________________ 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 an error or injustice. We took notice of the applicant's complete submission, to include his rebuttal response, in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the applicant’s assertion, through counsel, in response to the Air Force evaluation that he was unaware that he could have requested to be released from Stop-Loss. However, these assertions and the documentation provided are not sufficient to convince us the applicant has been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04464 in Executive Session on 7 Sep 11 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-04464 was considered: Exhibit A. DD Form 149, dated 25 Nov 10, w/atchs. Exhibit B. Master Military Personnel Records. Exhibit C. Letter, ARPC/DPTS, dated 6 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 11 Apr 11. Exhibit E. Letter, Applicant’s Counsel, dated 22 May 11.