RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03261
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her mandatory separation date (MSD) be extended to allow the removal of excess time she spent in the Inactive Status Reserve Section (ISLRS).  

APPLICANT CONTENDS THAT:

She will be allowed to reach sanctuary if her MSD is extended by the amount of time equal to the excess time she spent in the ISLRS, which is about 17 months.  

The applicant’s complete submission is at Exhibit A.  

STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS), the applicant is currently serving in the Air Force Reserve in the grade of lieutenant colonel (O-5), having assumed that grade effective and with a date of rank (DOR) of 16 March 2014.  

On 14 May 1988, the applicant was commissioned in the Air Force Reserve in the grade of second lieutenant.  

On 14 May 1998, the applicant was transferred from the Non- obligated Non-participating Ready Personnel Section (NNRPS) to the Inactive Status List Reserve Section (ISLRS).

On 29 October 2002, the applicant was relieved from the ISLRS and assigned to an active reserve unit.  

On 1 July 2015, ARPC/DPTTS notified the applicant that her MSD would expire on 1 June 2016.  In accordance with Title 10, United States Code, Section 14507, Removal from the Reserve Active-Status List for Years of Service:  Reserve Lieutenant Colonels And Colonels Of The Army, Air Force, And Marine Corps And Reserve Commanders and Captains Of The Navy, the applicant was required to leave active status after completing 28 years of service.  
The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and E.  

AIR FORCE EVALUATION:

ARPC/DPTT recommends approval.  In accordance with Air Force Instruction (AFI) 36-2115, Assignments within the Reserve Components, the applicant should have been screened for discharge at the three year period; however, she remained assigned in ISLRS for a year and a half over the three year period.  
 
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 31 March 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

SAFPC provides an informational review.  SAFPC concurs with the facts and analysis as presented in the advisory prepared by ARPC/DPTT.  Specifically, in accordance with AFI 36-2115, Reserve officers generally remain assigned to ISLRS for three years, after which time they should be screened for discharge.  Pursuant to Title 10 United States Code (USC) 14507, as a lieutenant colonel the applicant must be removed from the active status list under Title 10 USC 14514, Discharge or retirement for years of service or after selection for early removal, on the first day of the month after the month in which the officer completes 28 years of commissioned service.  

Pursuant to Title 10 USC 14701, Selection of officers for continuation on the reserve active-status list, a reserve officer who holds the grade of lieutenant colonel and who is subject to separation under Title 10 USC 14514 may not be continued on the reserve active-status list for a period which extends beyond the last day of the month in which the officer completes 33 years of commissioned service.  It appears the applicant’s current MSD is 1 June 2016 and ARPC/DPTT recommends extending her MSD to 1 December 2017.  It appears the requested extension falls within the statutory provision.  

A complete copy of the SAFPC evaluation is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

She indicated that she received a similar letter back in March 2016 and she has no further information to add.  

The applicant’s complete submission is at Exhibit G.  

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 ARPC/DPTT and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  As it appears the applicant was erroneously retained on the inactive status list one and a half years longer than she should have been, which resulted in her mandatory separation date (MSD) being established on 1 Jun 16, we believe it appropriate to recommend her records be corrected to reflect that her MSD was extended to 1 Dec 17.  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 competent authority extended her Mandatory Separation Date (MSD) from 1 June 2016 to 1 December 2017.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03261 in Executive Session on 21 December 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03261 was considered:

	Exhibit A.  DD Form 149, undated.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 8 December 2015,     
                 w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 31 March 2016.
	Exhibit E.  Memorandum, SAFPC, dated 23 November 2016.  
	Exhibit F.  Letter, AFBCMR, dated 30 November 2016.
	Exhibit G.  Electronic Mail, Applicant, dated 19 December     
                 2016.

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.