RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04753 

    			               COUNSEL:  NONE

           				HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His date of assignment to the 337th Airlift Squadron (AS) (Ready Reserves, Category A) be changed from 7 Jan 14 to 1 Oct 13.

APPLICANT CONTENDS THAT:

Delays beyond his control in getting a waiver of his two-time non-selection for promotion to the grade of major resulted in his ineligibility for a bonus. He started the process 5 months before separating from active duty.

The following time-line demonstrates the delays he experienced:

On 17 May 13, he applied to the Reserves via AF IMT Form 1288, Application for Ready Reserve Assignment.

On 31 May 13, he was offered a position with the 337th AS.

On 11 Jun 13, he deployed to the Middle East for four months prior to separation.

In Aug 13, the waiver needed was started.  The delay in initiating the waiver was due to delays stateside and the inability to contact those involved in the process while deployed.
 
On 10 Sep 13, he was approved to scroll as a Reserve officer.

On 30 Sep 13, he separated from active duty and was placed in Individual Ready Reserve (IRR) status. 

In Oct 13, the waiver package was filed, but repeated requests for additional information not required by the AFI further delayed the process well into Nov 13.

On 1 Oct 13, he met with an In-Service (IS) recruiter at Travis AFB and took the oath of office. All was in-place for him to join the Ready Reserves except approval of the waiver.

On 7 Jan 14, his waiver to join the Ready Reserve as a two-time non-selection for promotion was approved.  He was assigned to the 337th AS on this date.

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

STATEMENT OF FACTS:

On 19 Dec 03, the applicant initially entered the Regular Air.

On 28 Mar 13, the applicant was notified of his twice failed promotion to major with involuntary separation by 30 Sep 13.

On 5 May 13, the applicant applied for a Ready Reserve assignment to the 337th AS.

On 9 Sep 13, the applicant applied for separation from active duty to be effective 30 Sep 13.

On 30 Sep 13, the applicant separated from active duty with an honorable discharge and credited with serving 9 years, 9 months, and 12 days of service. 

On 7 Jan 14, his waiver to join the Ready Reserve as a two-time non-selection for promotion was approved.  He was assigned to the 337th AS on this date.

HQ Air Reserve Personnel Center, Reserve Order DA-00527, dated 6 Mar 14, assigned the applicant to the 337 Airlift Squadron, Westover Air Reserve Base, MA, with an effective date change of strength accountability (EDCSA) of 7 Jan 14.  In this matter, the EDCSA is referenced as the date of assignment to the applicant’s new organization.

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 indicating there is no evidence of an error or an injustice.  The applicant sites a delay due to the processing of his twice deferred for promotion waiver as the cause for the 7 January 2014 assignment date. According to documentation provided by the applicant and those obtained from the 439th Military Personnel Section (MPS), the applicant was processed in accordance with AFI 36-2115, Assignments Within the Reserve Components, to include the processing of the Twice Deferred Regular Officers waiver.  According to AFI 36-2115, paragraph 1.19.4.and Table 1.2, Rule 19, the member is not authorized to be assigned or participate until the waiver is approved and will be notified by the servicing recruiter once it is approved.   

Should the Board elect to grant the request, the applicant’s record the applicant’s assignment, duty history, and date arrived station should be corrected to read 1 October 2013. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 Mar 17, the applicant submitted a memo recounting the sequence of events he believes were directly responsible for the extensive time taken in processing the needed waiver request.  The applicant states in his memo, “Had there not been several periods of inactivity from the ISR and a lack of communication from the Chief Pilot, the waiver could have been processed in a timely manner, and I could have started activities with the 337th AS immediately upon discharge from Active Duty. I respectfully submit that it was through no fault of my own or the Military Personnel Section that delays occurred and pushed the waiver approval out until Jan 2014.  This resulted in being placed in the Inactive Ready Reserve versus the Ready Reserve.” (Exhibit E)  

On 9 Mar 17, the applicant submitted a memorandum dated 2 Mar 17 prepared by the Chief, Force Management 512 FSS/FSMPM, (previously assigned to the 439 FSS/FSMPM and personally worked the applicant’s Reserve gain package to include the twice deferred regular officer waiver).  The Chief, Force Management recounts events in May, June, July and August where the ISR at Travis AFB was not responsive to emails from the 439 FSS/FSMPM attempting to get documents and status updates.  Further delays were encountered in processing the waiver in Oct and Nov.  The Chief, Force Management states that if the ISR had provided all the documentation up-front, at the original time of submission in May 13, then there is no doubt the waiver would have been approved prior to the member’s DOS, and his effective date of assignment would have been 1 Oct 13.  The waiver request was also delayed after being submitted when a request for documentation was made that is not required by Air Force Instruction (AFI) 36-2115, Assignments in the Reserve Components. The delay’s in this case were not due in any part to the applicant or the gaining unit and therefore, support approval of the applicant’s request to adjust the date of assignment. (Exhibit F)

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.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  We note the comments of AFRC/A1K indicating relief should be denied because the applicant’s assignment to the Ready Reserves was processed in accordance with AFI 36-2115, Assignments Within the Reserve Components, to include the processing of the Twice Deferred Regular Officer’s waiver. The Board notes the assignment process was followed; however, the evidence supports the applicant’s contention he suffered an injustice because of the excessive time taken in the processing of his Twice Deferred Regular Officer’s waiver. A statement provided by the Chief Force Management, then at the 439 FSS and actively involved in processing of the applicant’s assignment application, corroborates the applicant’s contention that avoidable delays resulted in the applicant’s EDCSA of 7 Jan 14 vice 1 Oct 13.  Thus, we believe a preponderance of the evidence substantiates that corrective action is warranted. 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 his effective date change of strength accountability date, duty history, and date arrived station at the 337th Airlift Squadron reflect 1 Oct 13, rather than 7 Jan 14.

The following members of the Board considered AFBCMR Docket Number BC-2015-04753 in Executive Session on 18 April 2017 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-2015-04753 was considered:

	Exhibit A.  DD Form 149, dated 4 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 2 Feb 17 w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 17.
	Exhibit E.  Letter from Applicant, dated 3 Mar 17.
     Exhibit F.  Letter from Applicant, dated 9 Mar 17 w/atch. 

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 pertaining to AFBCMR Docket Number BC-2015-04753.