RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00329 COUNSEL:
HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
His Mandatory Separation Date (MSD) be corrected to reflect 13 Sep
17 to account for the 5 years, 3 months and 12 days he spent in the Inactive Status List Reserve Section (ISLRS).
His Mandatory Separation Date (MSD) be corrected to reflect 13 Oct
20 to account for the time (8 years, 4 months and 10 days) he spent in the Inactive Status List Reserve Section (ISLRS)(Amended request, See Exhibit F).

APPLICANT CONTENDS THAT:
He entered active duty on 30 May 84 and on 2 Oct 94, he separated from active duty and was placed in ISLRS until 2 Oct 97. Subsequently, on 14 Jan 06, he joined the Air Force Reserve (AFR).

The Air Force Reserve Command (AFRC) did not account for his legitimate break-in-service of 8 years, 3 months and 12 days in his MSD calculation. His “total time in service clock” continued to accumulate days without factoring in his break-in-service.

On 15 Jun 15, he met the lieutenant colonel (Lt Col) promotion board and was promoted, effective 1 Oct 15, at which time his MSD was calculated.

On 30 Oct 15, he was notified that his MSD was 1 Jun 12. Upon discovery of the error, he learned AFPC [sic] never removed him from ISLRS.

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

STATEMENT OF FACTS:
The applicant was appointed a second lieutenant in the Regular Air Force on 30 May 84.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

According to a memorandum dated 17 May 94, the Secretary of the Air Force (SECAF) accepted the applicant’s resignation tendered on
31 Mar 94, and directed he be issued an honorable discharge effective 1 Oct 94.

According to Reserve Order PC-177, dated 23 Nov 94, on 2 Oct 94, the applicant was appointed a captain in the AFR and assigned to the Headquarters Air Reserve Personnel Center (HQ ARPC) Non- Obligated Non-Participating Ready Personnel Section (NNRPS).

According to Reserve Order HE-00288, dated 18 Nov 97, the applicant was released from NNPRS and assigned to ISLRS, effective 2 Oct 97. It was also noted that the transfer has no effect on his annual Voluntary Separation Incentive (VSI) payments and that he would remain in ISLRS until the VSI agreement expired.

According to Reserve Order DA-01110, dated 22 Feb 06, the applicant was released from ISLRS and assigned to Wright Patterson Air Force Base (WPAFB), Ohio (OH), effective 15 Jan 06.

On 29 Mar 07, HQ ARPC/DPP notified the applicant that he was not recommended for promotion by the AFR Selection Board. Due to his second deferral for promotion, and in accordance with (IAW) Title
10 United States Code (10 USC) §14505, his adjusted MSD was established as 1 Oct 07. In addition, it was noted that his unit would reassign him to NNRPS effective 30 Sep 07, and he would remain there until 1 Jun 15, the date of expiration of his VSI Program contract.

According to PS Form 3811, Domestic Return Receipt, on 7 Apr 07, the applicant acknowledged receipt of the second deferral for promotion notification.

On 7 Jul 07, the applicant petitioned the AFBCMR wherein he requested that his Effective Date of Change of Strength Accountability (EDSCA) be changed from 15 Jan 06 to 13 Feb 06. On
16 Oct 07, the Board granted his request.
According to an ARPC/DPAAB memorandum dated 3 Dec 07, the applicant was notified that his EDSCA was corrected to reflect 13 Feb 06, in the Military Personnel Data System (MilPDS) and that his Date of Rank (DOR) had been changed to account for the extra time in ISLRS. In addition, his number of non-selections for promotion was changed from two to one.

According to Reserve Order BA-1368 dated 19 Sep 08, the applicant was promoted to the grade of major IAW 10 USC §14505 effective   1 Oct 08.

According to Reserve Order A-226 dated 19 Nov 12, the applicant volunteered for reassignment to Edwards AFB, CA, effective 11 Nov 12.

According to Reserve Order BA-15116 dated 9 Sep 15, on 1 Oct 15, the applicant was promoted to the grade of Lt Col IAW 10 USC,
§1405, which generated a mandatory separation date (MSD) of
28 years of commissioned service. This generated a retroactive MSD of 1 Jun 12, based on his initial appointment as an officer in 1984.
On 30 Oct 15, ARPC/DPTTS notified the applicant that 10 USC
§14507(a), required he leave active status after completing 28 years of commissioned service and would be automatically transferred to the Retired Reserve on his MSD.
According to Reserve Order DA-01291 dated 11 Apr 16, the applicant volunteered for reassignment to WPAFB, OH, effective 23 Feb 16.

According to Reserve Order EK-2639 dated 6 Apr 17, the applicant was assigned to the Retired Reserve Section and placed on the Air Force retired list, effective 23 Jan 17.

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force Offices of Primary Responsibility (OPRs), which are attached at Exhibits C, D, G, and J.

AIR FORCE EVALUATION:
ARPC/DPTT recommends approval indicating the applicant did not have a break-in-service, as he remained in ISLRS until 14 Jan
06 which was beyond the required three years. Due to an administrative oversight, he should have been separated on 2 Oct 00; however, since he received an assignment and was promoted to the grade of Lt Col his MSD should be extended for 5 years, 3 months and 12 days resulting in a new MSD of 13 Sep 17.

IAW AFI 36-2115, Assignments within the Reserve Components, paragraph 4.4.2.7, “Reserve officers generally remain assigned to ISLRS for three years after which time they should be screened for discharge.”

The applicant’s MSD was calculated based on the first day of the month after the month in which he completed 28 years of commissioned service (1 Jun 12). IAW 10 USC §14507, “each Reserve officer of the Air Force who holds the grade of Lt Col or commander and who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed for the Reserve active status list) be removed from the list on the first day of the month after the month in which the officer completes 28 years of commissioned service or reaches the age of 60, whichever comes first.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.

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
10 USC §14507, as a Lt Col the applicant must be removed from the active status list under 10 USC 14514, on the first day of the month after the month in which the officer completes 28 years of commissioned service.

Pursuant to 10 USC §14701, a Reserve officer who holds the grade of Lt Col and who is subject to separation under 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. Due to the time the applicant spent in ISLRS, his MSD was established as 1 Jun 12. Therefore, without removing the time in excess of the three years spent in ISLRS, his promotion would be void.

Based on the applicant’s established MSD of 1 Jun 12, it appears the applicant could only be extended for an additional five years for a new MSD of 30 Jun 17.
A complete copy of the SAFPC evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 24 Dec 16, the applicant amends his original request and now requests his MSD be corrected to reflect 13 Oct 20, which is 8 years, 4 months, and 10 days of time he spent in ISLRS based on the results of his previous AFBCMR case (BC-2007- 02303) which directed his EDCSA be changed from 15 Jan 06 to 13 Feb 06.

As a high potential officer, he is requesting the additional month of service (13 Oct 20) to ensure his records are accurate and to be considered for promotion to the grade of colonel (Col). Extending his MSD an additional month will provide him the opportunity to make Col and continue to serve his country in a senior leadership capacity.  However, if is MSD is established as
13 Sep 20, he would miss the opportunity.
ARPC/DPTT and SAF/MRBP both agree with his original contention that he was not removed from ISLRS after three years. However, they have miscalculated when he was placed in ISLRS. According to his Air National Guard/United States Air Force Reserve (ANG/USAFR) Point Credit Summary, Service History dated 23 Jan 16, he was assigned to the inactive reserve on 2 Oct 94 and should have been discharged on 2 Oct 97. Members receive 15 points in each year while in ISLRS. Points are given as “membership” points similar to the way in which active reservists are given 15 participation points each year. His service history reflects the points earned

between the period 30 May 94 and 1 Oct 97, validates that he was on the ISLRS list during this period versus 2 Oct 97 through 3 Oct 00, as incorrectly reported by both ARPC/DPTT and SAF/MRBP.

His service history reflects he earned zero points between the period 2 Oct 97 to 14 Jan 06 (should be 13 Feb 06, as previously directed by BC-2007-02303). This is the period he was completely out of the Air Force but considered on the ISLRS list for MSD calculation purposes, therefore, validating his request that he should have been removed from ISLRS between the periods of 2 Oct
97 through 13 Feb 06 or 8 years, 4 months and 10 days, making his MSD 13 Oct 20.

The time of 8 years, 4 months and 10 days should have been added back to correctly calculate his MSD, resulting in a MSD of 13 Oct
20. However, should the Board disagree with the previous Boards direction to change his EDSCA from 15 Jan 06 to 13 Feb 06, his MSD would be 13 Sep 20 versus 13 Sep 17, since ARPC/DPTT and SAF/MRBP both did not have the correct date when he was placed in ISLRS  (2 Oct 94 versus 2 Oct 97), a difference of three years.

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit F.

ADDITIONAL AIR FOR EVALUATION:
After reviewing the ARPC/DPTT advisory opinion, dated 16 Jul 16, the Board staff determined the recommendation did not provide an accurate account of the facts and circumstances in the applicant’s case.

In a memorandum dated 17 Jan 18, DPTT revised their advisory opinion and the following was provided:

ARPC/DPTT recommends denial of the applicant’s request to change his MSD to reflect 13 Oct 20, to account for the time (8  years,
4 months and 10 days) he spent in ISLRS. However, they recommend his MSD be corrected to reflect 30 Jun 17, indicating a Lt Col can only serve a maximum of 33 years commissioned service pursuant to 10 §14701.

The applicant was assigned to NNPRs from 2 Oct 94 to 1 Oct 97 due to a VSI he received when he left active duty in 94. On 2 Oct 97, he was assigned to ISLRs and should have been discharged on 1 Oct
00. However, due to an administrative oversight, he remained in ISLRS until 13 Feb 06 (additional 5 years, 4 months and 12 days).

The applicant’s proposal of a new MSD of 13 Oct 20, would take him beyond the 33 years commissioned service for a Lt Col. He would need to have seven years’ Time-in-Grade (TIG) before he would be eligible to meet the colonel’s board IAW AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve

of the Air Force.	The applicant would not meet this requirement even if his MSD was extended 5 years.

A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit G.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By email dated 29 Jan 18, the applicant agrees that his MSD should be adjusted to 30 Jun 17 and he be issued a corrected DD Form 214, Certificate of Release or Discharge from Active Duty with his new MSD and retirement date of 30 Jun 17.

In addition, the applicant requests the Board consider giving him credit for his scheduled annual tours in 2016 and 2017 (13 points each). The applicant contends through no fault of his own, a MSD block was placed on his records (due to the AFPC administrative oversight back in Oct 2000) which has prevented him from serving his annual tours over the 24 months AFBCMR review process. Also, the applicant requests that he be credited with the full 24 Inactive Duty Training (IDT) days for 2017 since he was summarily out- processed for retirement on 23 Jan 17, while AFRC waited to hear back from the AFBCMR.
A complete copy of the applicant’s rebuttal is at Exhibit I.

ADDITIONAL AIR FORCE EVALUATION:
After reviewing the applicant’s rebuttal comments to the ARPC/DPTT evaluation dated 17 Jan 18, the Board staff determined an additional Air Force advisory was needed to address the applicant’s request that he be given credit for his scheduled annual tours in 2016 and 2017 (13 points each) and 24 Inactive Duty Training (IDT)
days for 2017.
By email dated 16 Feb 18, ARPC/DPTT recommends the applicant’s records be corrected to show that he was awarded 13 additional Annual Training (AT) points during the period 14 February 2016 to
13 February 2017 and 13 additional AT points and 24 non-paid Inactive Duty Training (IDT) points during his 14 February 2017 to
30 Jun 2017 anniversary year.
A complete copy of the ARPC/DPTT evaluation at Exhibit J.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
By email dated, 19 Feb 18, the applicant states he concurs with the recommendation of ARPC/DPTT regarding his request for additional points.

A complete copy of the applicant’s rebuttal is at Exhibit K.

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, to include the various ARPC/DPTT advisories, and rebuttals provided by the applicant. It appears that due to the applicant remaining in ISLRS beyond the required three years has caused the applicant to be a victim of an error and injustice. We believe corrective action is appropriate and therefore recommend the correction 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:

a.	On 23 January 2017, competent authority approved the deferral of the applicant’s removal from the Reserve Active Status List (RASL) until 30 June 2017, under the provisions of Title
10 United States Code (10 USC), Section 14701.
b.	He be awarded an additional 13 Annual Training (AT) points for the period 14 February 2016 to 13 February 2017.

c.	He be awarded an additional 13 Annual Training (AT) points and 24 non-paid Inactive Duty Training (IDT) points for the period
14 February 2017 to 30 June 2017.
d.	On 30 June 2017, he was released from his current assignment and assigned to the Retired Reserve List,   effective
1 July 2017, and eligible for retired pay at age 60 under the provisions of Title 10, USC, Section 12731.

The following members of the Board considered AFBCMR Docket Number BC-2016-00329 in Executive Session on 12 Mar 18, under the provisions of AFI 36-2603:

r Member

Panel Chair

All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00329 was considered:
Exhibit A.	DD Form 149, dated 23 Jan 16, w/atchs.
Exhibit B.	Pertinent Excerpts from Master Personnel Records. Exhibit C.	Memorandum, ARPC/DPTT, dated 16 Jul 16.
Exhibit D.	Memorandum, SAF/MRBP, dated 23 Nov 16. Exhibit E.	Letter, SAF/MRBR, dated 29 Nov 16, w/atch. Exhibit F.	Letter from Applicant, dated 24 Dec 16.
Exhibit G.	Memorandum, ARPC/DPTT, dated 17 Jan 18. Exhibit H.	Email to Applicant, dated 29 Jan 18, w/atchs. Exhibit I.	Email, Applicant, dated 29 Jan 18.
Exhibit J.	Email, ARPC/DPTT, dated 16 Feb 18. Exhibit K.	Email, Applicant, dated 19 Feb 18.
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.