RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02971

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive pay and points for the period of April to August 2012. 

APPLICANT CONTENDS THAT:

He was purged from the military during this period while he was working with an Army Reserve career counselor to transfer from the Air Force Reserve to the Army Reserve.  The mistake was through no fault of his own but caused by his Army career counselor and was further exacerbated by the lack of timely accommodations from both the Air Force and the Army.  He exercised due diligence in contacting all appropriate agencies to try and correct the injustice.  He was unemployed while attempting the inter-service transfer.  He could have drilled with the Air Force and received much needed income until properly transferring to the Army Reserve.  Unfortunately, he was unable to drill with the Army or Air Force because Army Human Resources Command (HRC) refused to issue an appointment order and his Force Support Squadron (FSS) did not revoke the discharge order in a timely manner.  Per the Unit Training Assembly (UTA) schedule for his Air Force Reserve unit, he would have received $3,418.24 (total of 20 points).  The Revised Battle Assembly schedule for his Army Reserve unit reflects $3,737.58 pay (total of 22 points). He should receive the pay and points from one of these lists.     

On 9 April 2012, he was administered the Army Reserve Oath of Office.  On 16 May 2012, he was asked to contact HRC to provide the transfer request.  Upon contacting HRC, he was advised the inter-service transfer was invalid and he was out of the military.  On 4 June 2012, he was told that applications for a transfer board had to be submitted by February 2012 and that the next board would be in Fiscal Year (FY) 2013.  He was told he was supposed to stay in the Air Force Reserve until he was approved by the board for the inter-service transfer.

On 6 June 2012, he requested assistance from the HRC Inspector General (IG).  On 13 July 2012, the IG acknowledged his Army career counselor did not use the correct procedure to transfer a prior-service officer and did not have the authority to do the transfer.  However, HRC did not honor the transfer despite the discharge order stating the transfer.  

On 23 July 2012, he asked his FSS if the discharge order could be canceled.  The discharge order was revoked effective 26 August 2012.  On 31 July 2012, he was notified by the IG that his Army career counselor did not follow proper procedures for an inter-service transfer.  

In addition to not being able to drill with the Army Reserve, he was not able to drill with the Air Force Reserve since his discharge order was issued on 19 April 2012 with an effective date of 9 April 2012.  He was never offered any recourse other than to apply to the AFBCMR for award of the pay and points for the time period he was purged from the military.  

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

STATEMENT OF FACTS:

The applicant is in the Army Reserve serving in the grade of captain (O-3).  

Per Reserve Order A-167 dated 19 April 2012, the applicant was discharged from the Air Force Reserve effective 9 April 2012 and transferred to the Army National Guard.

According to AF IMT 973, Request and Authorization for Change of Administrative Orders, Order A-001, dated 2 October 2012, Special Order A-167 dated 19 April 2012 was revoked.  Remarks state, “Members order releasing him to the Army Reserve is hereby revoked.”

Per Reserve Order A-151 dated 11 April 2013, the applicant was discharged from the Air Force Reserve effective 2 April 2013 and transferred to the Army Reserve.      

The applicant provides a letter dated 31 July 2012 from the Army Reserve Command IG which states that the inquiry determined his appointment was not completed properly by the Army Reserve career counselor and was therefore erroneous.  

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:

AFRC/A1K recommends denial.  The Army did not properly execute the applicant’s inter-service transfer.  Additionally, there is no supporting documentation available to show the applicant attempted to participate with the Air Force Reserve during the transition period.  

The applicant’s FSS executed the inter-service transfer after receiving the required documentation from the Army career counselor.  The applicant’s Air Force Reserve discharge order was issued effective 9 April 2012 and the applicant signed his Army Oath of Office on 10 April 2012.  It was later discovered by the Army HRC his career counselor was not authorized to complete the inter-service transfer.  The Army Reserve acknowledged in the applicant’s AFBCMR application that an administrative error occurred where the Army recruiter did not follow proper procedures and the Army Oath of Office was executed without the proper authority.  Per e-mail traffic provided in the applicant’s DD Form 149, Application for Correction of Military Record, he reached out to his former unit on 24 July 2012 to bring him back into the Air Force Reserve.   The applicant was gained back to his unit and his discharge order was revoked on 2 October 2012.  The Air Force Reserve is not able to compensate the applicant for time that he should have been in the Army Reserve.  

A complete copy of the AFRC/A1K evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The Air Force evaluation states there is no supporting documentation to show he attempted to participate with the Air Force Reserve during the transition period.  He requests an explanation on how he was supposed to legally drill when he was discharged from the Air Force Reserve and the Army Human Resources Command refused to access him into the Army Reserve.  This request is the result of the Army not properly executing the inter-service transfer.  

He provided a letter from the Army Human Resource Service Center dated 30 March 2016 which states he was not given the opportunity drill during this time.  He exhausted all administrative avenues to either get the Army Human Resources Command accept the transfer paperwork while also trying get the 514th FSS to revoke the discharge order immediately and was initially turned away by the FSS.  He requests pay and points for the period of 10 April to 5 August 2012.  

The applicant’s complete submission, 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.   We note the applicant requests he receive pay and points for the period of April to August 2012; however, it is not in the interest of justice to award pay and points for a period of duty not performed.  In his rebuttal to the Air Force evaluation, the applicant asks for an explanation of how he could have drilled with his Air Force Reserve unit while he was discharged.  While it is unfortunate his inter-service transfer was delayed, the applicant has provided no evidence to substantiate it was the result of an error or injustice on the part of the Air Force Reserve.  Based on the findings of the Army Reserve IG Command and the applicant’s complete submission, it appears the delay in processing his inter-service transfer was the result of the Army not processing his paperwork correctly.  In view of this, we recommend the applicant submit a DD Form 149, Application for Correction of Military Record, to the Army BCMR.  Therefore, we 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 not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02971 in Executive Session on 1 and 7 December 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02971 was considered:

	Exhibit A.  DD Form 149, dated 10 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 13 October 2016.
	Exhibit D.  Letter, AFBCMR, dated 21 October 2016.
	Exhibit E.  Letter, Applicant, dated 14 November 2016, 
			  w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.