RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03516
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS:

1.  Her Category E/Participating Individual Ready Reserve (PIRR) status be changed to Selected Reserve (SelRES) status.  

2.  She be approved for an effective retirement date of 1 Jun 15 in the grade of colonel (O-6). 

APPLICANT CONTENDS:

She was given, and relied upon, erroneous retirement advice.  When she transferred from her Individual Mobilization Augmentee (IMA) position to PIRR status she should have been transferred to the SelRES so her participation would have been creditable converting her active duty retirement to a Reserve retirement in accordance with Title 10, United States Code (USC), § 12741(a)(1)(B).  As a result, she will not be allowed to retire as an O-6, even though she served as an O-6 for a three year period, because she was in the wrong Reserve status for two of those years. 

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

STATEMENT OF FACTS:

The applicant served as an IMA assigned to the Office of the Air Force Inspector General (SAF/IG).

On 1 May 15, the applicant retired from active duty.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  On 21 Nov 12, the applicant contacted the Air Reserve Personnel Center (ARPC) and was provided guidance on converting an active duty retirement to a Reserve retirement which led the applicant to believe her active duty retirement could be converted to a Reserve retirement.  However, in Nov 12 she transferred to PIRR status and not the SelRES as an IMA, which would have allowed her to convert her active duty service to a Reserve retirement.  The active duty conversion provision requires that a member must complete two years of satisfactory service in a SelRES status, excluding any periods of active service.  On 7 May 15, it was discovered that because she was transferred to PIRR status and not a SelRES status, those satisfactory years were not creditable to qualify for the conversion.  Had the applicant been transferred to the SelRES and not the PIRR she would have qualified for the conversion.  Further, when the applicant transferred from IMA to PIRR status, she was aware she needed three years’ time-in-grade as a colonel on active duty in order to qualify this period of time for retirement pay.  As a result of not being eligible to convert her retirement, the applicant then chose an active duty retirement effective 1 May 15, one month short of the required three years’ time-in-grade for a Reserve retirement, in order to possibly return to the Reserve force and continue participating.  Presently, she has not been gained by another unit.  

The applicant’s PIRR status should be changed to SelRES IMA status for the time she served in the PIRR.  In addition, she would need to have an exception to the three year time-in-grade policy granted by the Secretary of the Air Force per Title 10, U.S.C., § 1370 (5) (A), since she only served two years and eleven months of the required three years for time-in-grade for 0-6.  

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 27 May 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES:

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 took into consideration the opinion and recommendation of the Air Force office of primary responsibility (OPR) and are persuaded the applicant has been the victim of an injustice and corrective action is warranted.  Therefore, we recommend the applicant's records be corrected as indicated below.	

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

	a.  Her service in Category E/Participating Individual Ready Reserve be changed to reflect service in the Selected Reserve during the period 30 November 2012 to 1 June 2015.

	b.  Competent authority granted an exception to the three year time-in-grade policy per Title 10, U.S.C., § 1370 (5) (A), and on 1 May 2015, she retired in the grade of colonel.

The following members of the Board considered AFBCMR Docket Number BC-2015-03516 in Executive Session on 21 Jul 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 11 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 27 May 16.

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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.