RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01162 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The time he was retained in the Inactive Status List Reserve Section (ISLRS) from 1 Mar 99 through 9 Nov 05 be removed. 2. His Total Federal Commissioned Service Date (TFCSD) be changed based on the corrected action. ________________________________________________________________ APPLICANT CONTENDS THAT: His status as a member of the inactive reserve should have been terminated on 1 Mar 99, however, discussions with the Air Reserve Personnel Center (ARPC) representatives revealed that during that same time ARPC was transitioning to a new computer records automation system. Because of this new system they were unable to identify and correctly process discharges for personnel completing their Military Service Obligations (MSOs) for a significant period of time. Based on AF policy, at the end of his MSO, he should have been discharged and had this occurred he would have had a break in service for a period of six years. Given the errors and their substantive impact of unfairly decreasing his total service duration, the time in the ISLRS should be removed. He understands and accepts that if his service dates are adjusted a monetary debt could be incurred. In support of his appeal, the applicant provides a personnel statement; copies of his active duty separation documents; promotion orders; orders reassigning him from the Nonobligated Nonparticipating Ready Personnel Section (NNRPS) to the ISLRS and from the ISLRS to the Air National Guard (ANG) and various other documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 29 Feb 96, the applicant was discharged from active duty with a reason for separation of non-selection, permanent promotion and was transferred to the Non-obligated Non-participating Ready Personnel Section (NNRPS). Reserve Order (RO) HB-009, dated 1 Nov 05, reflects on 1 Mar 99, the applicant was transferred from the NNRPS to the ISLSR. On 10 Nov 05, the applicant was reassigned to the Selected Reserve as an Individual Mobilization Augmentee (IMA) with the National Air and Space Intelligence Center at Wright-Patterson AFB, OH. Reserve Order RO BA-055, dated 3 Nov 06, reflects the applicant was promoted (retroactively) to the grade of major having assumed that grade effective and with a Date of Rank (DOR) of 1 Oct 98. On 27 Jan 12, the applicant was transferred to the Ohio Air National Guard (OHANG). ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends approval of discharge after three years in ISLRS effective 28 Feb 02. In accordance with AFI 36-2115, Assignments within the Reserve Components, para 4.4.2.1., Reserve officers generally remain in ISLRS for three years after which time they may be screened for involuntary discharge. When discharged, the applicant received separation pay and was transferred to the NNRPS for a period of three years. On 1 Mar 99, he went to ISLRS until he acquired an assignment 10 Nov 05. If the Board approves, the applicant’s record should be corrected to show a 1 Mar 02 to 9 Nov 05 break in service and reappointment into his new position on 10 Nov 05. The complete DPTT evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Apr 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 note ARPC/DPTT is recommending the Board correct his record to show a break-in-service from 1 Mar 02 to 9 Nov 05 and reappoint the applicant in his new position effective 10 Nov 05; however, since the SECAF does not have appointment authority, correcting the record in the manner suggested could conceivably be detrimental to the applicant as he would no longer be a Reserve officer and would incur a debt for the separation pay he received. As such, we are not inclined to disturb the record as it currently stands. In view of the foregoing and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2013-01162 in Executive Session on 20 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Feb 13, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/DPTT, undated, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13. Panel Chair