RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-03809 COUNSEL:	NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His total federal commissioned service date (TFCSD) be adjusted to remove eight years he was erroneously retained in Inactive Ready Reserve (IRR) status.

APPLICANT CONTENDS THAT:
He was retained on IRR status eight years longer than he should have been. He entered duty as a traditional Air National Guardsman in Oct 08 and will be unable to complete 20 good years towards retirement as an officer. He would like to remain in the Guard until age 60, but at a minimum he would like to stay in long enough to be promoted to colonel.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 7 Feb 88, the applicant entered the Regular Air Force as a second lieutenant.

On 1 Mar 95, the applicant separated from active duty and was transferred to the Non-Obligated Non-participating Ready Reserve on 17 May 95.

On 17 May 98, the applicant was assigned to the Inactive Status List Reserve Section (ISLRS) where he remained until he was discharged, effective 7 Jun 06.

On 9 Oct 08, the applicant was appointed to the grade of major (O-4), in the Air National Guard.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
ARPC/DPTT recommends removal of 5 years and 21 days from the applicant’s Total Federal Commissioned Service Date (TFCSD), Total Year Service Date (TYSD), and paydate.

On 17 May 95, the applicant was transferred to the Non Obligated Non Participating Reserve Section (NNRPS) because he accepted the Special Separation Benefit bonus when he left active duty. The contract he accepted required him to remain in the NNRPS for three years. When the obligation was fulfilled, the applicant went to the Inactive Status List Reserve Section (ISLRS) effective 17 May 98 until he was screened and discharged effective 7 Jun 06. The applicant is requesting his discharge date be changed to remove 8 years he spent in the ISLRS.

In accordance with AFI 36-2115, Assignments within the Reserve Components, Reserve officers generally remain assigned to the ISLRS for three years after which time they should be screened for discharge. Officers are given the option to either apply for transfer to the Retired Reserve (if eligible), take a participating Ready Reserve assignment (if eligible), or resign their commission.

The applicant remained in the ISLRS for 8 years, 0 months, and
21 days (from 17 May 98 through 7 Jun 06). By removing time spent in the ISLRS greater than three years, the applicant would gain 5 years, 0 months, and 21 days to his paydate, TFCSD, and TYSD. In accordance with AFI 36-2604, Service Dates and Dates of Rank, service dates and paydates must be adjusted for any civilian break in service.

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 17 Nov 14, 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.
1.	

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Although the applicant contends he should have been discharged in 1998, we agree with the Air Force office of primary responsibility and find he would not have been discharged until after serving three years in the ISLRS, which is 18 May 2001. In that respect, after a thorough review of the evidence of record and the applicant’s complete submission, we agree with the opinion of the Air Force office of primary responsibility and adopt its rationale for our conclusion that the applicant’s retention in the ISLRS well beyond three years renders him the victim of an error or injustice. Therefore, while we note the OPR has recommended the applicant’s Total Federal Commissioned Service Date (TFCSD), Total Year Service Date (TYSD), and paydate be adjusted to account for removal of the applicant’s time in the ISLRS greater than three years, we believe it would be appropriate instead to correct the applicant’s record to reflect that he was discharged on 18 May 2001, instead of 7 June 2006. Such a correction would then allow ARPC to administratively adjust the applicant’s service dates, thus providing the applicant the additional retainability he seeks to continue his service. Accordingly, we recommend the applicant’s record 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 issues 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 the APPLICANT be corrected to show that he was discharged from all appointments on 18 May 2001 rather than 7 June 2006.

The following members of the Board considered AFBCMR Docket Number BC-2014-03809 in Executive Session on 16 Jul 15, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the record as recommended. The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03809 was considered:

Exhibit A.	DD Form 149, dated 14 Sep 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, ARPC/DPTT, dated 20 Oct 14. Exhibit D.	Letter, SAF/MRBR, dated 17 Nov 14.