RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02899 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Mandatory Separation Date (MSD) be adjusted due to an error that occurred while he was in the United States Marine Corps (USMC). APPLICANT CONTENDS THAT: He was given an MSD while serving in the Air Force Reserve of 31 May 12. This date was based on having 24 years of commissioned service as a major (O-4) and being twice passed over for promotion to the grade of lieutenant colonel (O-5). He is the victim of an injustice because he was kept in the Individual Ready Reserve (IRR) and should have been separated. Had he been separated and later re-appointed, his MSD would have been later. He filed a DD Form 149 with the Marine Corps and was granted a break in service to erase those IRR years. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Air Force Reserve on 24 Oct 07. On 31 May 12, the applicant was discharged honorably at his mandatory separation date (MSD). On 29 Apr 14, the applicant was notified of the decision of the Board for Correction of Naval Records (BCNR) that his records were corrected to reflect that he was assigned to the inactive status reserve list reserve section (ISLRS) from 19 Nov 99 to 20 Nov 01, and was discharged from the Marine Corps Reserve on 20 Nov 01, instead of being retained in the IRR. As a result of this correction, the period 21 Nov 01 through 23 Oct 07 (day prior to his accession in the Air Force Reserve) now constitutes a break in service. On 20 Nov 14, appointment order PA-00042, dated l Nov 07, was amended by PA-00080, to reflect the adjustment of service dates due to the corrections made by HQ ARPC/DPTSP. On 5 Dec 14, Reserve Order (RO) CB-44, dated 7 May 12 was rescinded by RO CB-46, since the applicant was no longer a twice deferred officer, his 31 May 12 discharge has been cancelled. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends relief be granted. Because the applicant was successful in having his records corrected to reflect that the period 21 Nov 01 through 23 Oct 07 was a break in service and not creditable service, he should not have been considered for promotion by the CY09 and CY10 USAFR Participating Reserve (PR) Line Lieutenant Colonel Promotion Selection Boards. As a result, his non-selections for promotion to said grade have been removed. The applicant should have been considered for promotion by the CY11 and CY12 USAFR PR Lieutenant Colonel Promotion Selection Boards. Having already met the CY11 promotion board and been non-selected, he currently has only one deferral and does not have an MSD. As a result, he is no longer a twice deferred officer and his 1 May 12 MSD has been removed from his records administratively. The applicant is scheduled for a Special Selection Board (SSB) in lieu of the CY12 and CY13 USAFR PR Line Promotion Selections Boards. The CY12 SSB is tentatively scheduled for June 2015. If he is not selected by the CY12 SSB, he will not be eligible for continuation by the CY12 board and his MSD would be established in early 2016, which will not be enough time for him to reach 18 years of satisfactory service and be eligible for Reserve Sanctuary under Title 10, Section 12646. However, given the fact that the applicant’s erroneous retention in the IRR caused him to be considered for promotion prematurely, thus establishing an erroneous MSD, it would be appropriate to correct the applicant’s records to reflect that the period since his erroneous discharge was creditable Reserve service. Therefore, the applicant’s records should be corrected to reflect that he was credited with the participation points necessary to make the retention/retirement (R/R) years ending 23 Oct 12, 23 Oct 13, and 23 Oct 14 satisfactory years of Reserve service. These adjustments would give the member a total of 19 years of satisfactory service as of 23 Oct 14, the close of his most recent anniversary year and result in his automatic retention until 20 years of service, irrespective of the outcome of his upcoming considerations for promotion. A complete copy of the ARPC/DPTT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 Jan 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he earned nine additional non-paid Inactive Duty Training (IDT) points for anniversary year ending (AYE) 23 Oct 12, 35 non-paid IDT points for AYE 23 Oct 13, and 35 non-paid IDT points for AYE 23 Oct 14. These adjustments would give the member a total of 19 years of satisfactory service as of the close of his most recent anniversary year on 23 Oct 14, thus making him eligible for retention under Reserve Sanctuary in accordance with Title 10, United States Code, Section 12646 until eligible for retirement. The following members of the Board considered AFBCMR Docket Number BC-2014-02899 in Executive Session on 16 Apr 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02899 was considered: Exhibit A. DD Form 149, dated 15 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 12 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 7 Jan 15.