RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03466 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect he was placed into the Inactive Status List Reserve Section (ISLRS) or that he resigned his commission. 2. His second non-selection to major be removed. 3. In response to the Air Force advisory, he amended his requests to include that his Assignment Action Reason (AAR) be changed to reflect Hardship/Death of Family Member, rather than QL/Civilian Airline Industry. ________________________________________________________________ APPLICANT CONTENDS THAT: His father unexpectedly passed away while he was on a four-month temporary duty assignment. After he returned from the funeral, it took several months for his life to return to normal due to intensive training and a wing operation readiness inspection. His father’s death caused him and his family a nearly intolerable amount of grief. While he understands the death of a parent is difficult for anyone to experience, his father’s death was the exclamation point in a long sentence of deaths that began when he was 12 years old. Once things settled down, the effects of his father’s death became obvious. He pursued an inactive status as he was not prepared or equipped to command his squadron, fulfill his military duties or mobilize and/or deploy. He sought an inactive status but was transferred into the Individual Ready Reserve (IRR). He was not capable of recall, thus, not eligible for RASL which is required for promotion consideration. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force Reserve. On 15 April 2008, he was notified of his second deferral for promotion and his mandatory separation date. He was honorably discharged from the Reserves on 1 November 2008 in the grade of captain. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPAMR recommends denial. The applicant was transferred to the non-participating IRR on 17 March 2008 with Reserve Order A- 0038 indicating the assignment was due to his affiliation with the civilian airline industry. He met a promotion board prior to being assigned to the IRR; however, he was not selected for promotion. The applicant remained in the Non-Obligated Non-Participating Ready Reserve from 17 March 2008 until his subsequent discharge from the Reserves on 1 November 2008 due to a second deferral for promotion. The applicant’s reassignment and discharge from the IRR were in accordance with Air Force Instructions. There are no provisions within AFI 26-2155, Assignments Within the Reserve Components for members to be reassigned directly into the ISLRS for the assignment action reason identified in the applicant’s reserve order. The complete DPAMR evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The ARPC advisory opinion fails to address the core reason for the separation request was due to hardship. This may be in part to the inaccurate description of the request. The advisory states there are no provision in the instruction that allows members to be assigned to the ISLRS. The assignment action reason is the error or injustice. The opinion does not address the US Code and fails to recognize the AAR error. The reason for reassignment was hardship/death of a family member. The AAR code QL/Civilian Airline Industry is incorrect. He entered the airline industry in 1999 not 2007. He out-processed in May 2007 and should have been transferred to an inactive, non-participatory status. He was not given separation counseling/options despite not having drilled for 10 months. The applicant’s complete response, 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 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. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we are not persuaded that a change the record is warranted. The applicant’s contentions are duly noted; however, he has not provided persuasive evidence to override the rationale provided by the Air Force office of primary responsibility (OPR). The applicant contends that he was incorrectly assigned to the Inactive Ready Reserve with an inaccurate Assignment Action Reason. However, as the OPR explained there is no provision within AFI 36-2115, Assignments Within the Reserve Components, for members to be reassigned directly to the Inactive Status List Reserve Section for the AAR listed on the applicant’s assignment order; this applies to hardship AARs as well. 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an 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. ________________________________________________________________ The following members of the Board considered BC-2012-03466 in Executive Session on 26 March 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Jun 12, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/DPAMR, dated 30 Aug 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12. Exhibit E. Letter, Applicant’s Response, undated, w/atchs