RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02170 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He receive credit for all or some of the period served in Inactive Status List Reserve Section (ISLRS) to adjust his Total Federal Commissioned Service Date (TFCSD) and Mandatory Separation Date (MSD). ________________________________________________________________ APPLICANT CONTENDS THAT: He believes he should have been discharged during the period identified in his records as ISLRS. He intended to be discharged after 24 February 1996 at the end of his non- participating ready status. His military career opportunities and ability to attend schools are severely limited by his current MSD. Although, this year, Air Force Reserve Command (AFRC) identified him as a high-potential officer, he was promoted position vacancy to the grade of Lieutenant Colonel, has deployed, and is scheduled to attend a professional military education course (PME), his options to serve are restrained based solely on his MSD. In support of his request, the applicant provides copies of his Duty History Information and Air Force Officer Data Verification Brief (DVB). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserves in the grade of Lieutenant Colonel, 0-5. ________________________________________________________________ AIR FORCE EVALUATION: 1. ARPC/DPTT recommends approval of discharge after three years in ISLRS effective 24 February 1999. DPTT states the applicant was reassigned from his Air National Guard Unit to the Non- Obligated Ready Personnel Section (NNRPS) effective 24 February 1994. On 25 February 1996, he was transferred into the ISLRS by Reserve Order HB-002083, dated 1 February 1996. On 31 March 2000, he was reassigned to a Reserve unit by Reserve Order DA-02497, dated 10 April 2000. In accordance with AFI 36- 2115, Assignments Within the Reserve Components, paragraph 4.4.2.7, Reserve officers generally remain assigned to ISLRS for three years after which time they may be screened for discharge. 2. DPTT further states, if approved, the applicant's record should be corrected to show a break in service from 25 February 1999 to 30 March 2000. His TFCSD should be changed from 9 September 1986 to 15 October 1987. Correction to the TFCSD will automatically adjust his pay date and Total Years Service Date (TYSD) to reflect the appropriate dates. The applicant would also require a new appointment as a Reserve officer. His mandatory separation date would change from 1 October 2014 to 1 November 2015. The complete ARPC/DPTT evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 July 2012 for review and comment within 30 days, (Exhibit D). To date, a response has not been received. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: 1. The AFBCMR Legal Advisor recommends the Board extend the applicant’s service by the same amount of time he spent on the ISLRS after he should have been discharged. He notes that the ARPC/DPTT suggested remedy primarily involves correcting the record to show the applicant received an honorable discharge from the ISLRS on 24 February 1999. This remedy would effectively shorten the total federal commissioned service of the applicant, thereby allowing him to remain in service for approximately another year before coming up on his mandatory separation date (MSD). Unfortunately, the proposed remedy would also terminate the applicant’s appointment as an officer. 2. As ARPC/DPTT noted, the proposed remedy would require a new appointment as a Reserve officer. This view is correct. A discharge from service terminates all appointments, and so a discharged officer would indeed require a new original appointment. By law and policy, such appointments are made by the Secretary of Defense, but the Board exercises authority delegated only from the Secretary of the Air Force. Hence, the AFBCMR Legal advisor recommends the Board adopt a different approach. Since the major problem facing the applicant is his approaching MSD, the Board could simply extend the MSD. Under 10 U.S.C. § 1470l(a)(4) and DODI 1320.08, Continuation of Commissioned Officers on Active Duty and on the Reserve Active- Status List, paragraph 6.5.1, the Board, acting for the Secretary, could correct the record to show the applicant was continued for any period up to 33 years of commissioned service. 3. Because the nature of the error in the applicant's case was failure to discharge him after three years on the ISLRS, the AFBCMR Legal Advisor recommends extending the applicant’s service by the same amount of time he spent on the ISLRS after he should have been discharged. The complete AFBCMR Legal Advisor evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 12 June 2013 for review and comment within 30 days (Exhibit F). To date, a response has not been received. ________________________________________________________________ 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 an injustice to warrant correcting the record. After a thorough review of the evidence of record, we note the applicant was properly assigned to the NNRPS for two years and then transferred to ISLRS on 1 February 1996. However, after serving three years in ISLRS he should have been discharged effective 24 February 1999. We believe the excessive time in ISLRS, beyond three years, puts the applicant at a distinct disadvantage because of the time constrictions it puts on his current Reserve assignment. Therefore, we adopt the AFBCMR Legal Advisor’s recommended remedy to extend the applicant’s service by the same amount of time he spent on the ISLRS after he should have been discharged. Accordingly, we recommend his records be corrected as indicated below. 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that competent authority extended his Mandatory Separation Date (MSD) from 1 October 2014 to 1 October 2017. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 1 August 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-02170: Exhibit A. DD Form 149, dated 14 May 2012, w/atchs. Exhibit C. Letter, ARPC/DPTT, dated 29 June 2012, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 16 July 2012. Exhibit E. Letter, AFBCMR Legal Advisor, dated 10 May 2013. Exhibit F. Letter, AFBCMR, dated 12 June 2013.