RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01432

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His personnel record and DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his transfer from active duty to the Individual Ready Reserve (IRR) and time served in the IRR between 10 Sep 14 and 11 Feb 16.

APPLICANT CONTENDS THAT:

He did not resign his commission and was placed in the IRR until his National Guard activation.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air National Guard major. 

On 4 Nov 13, according to ARPC/DPAR, the applicant was working with an Air Force Reserve (AFR) Recruiter to be commissioned into the AFR.

On 28 Apr 14, according to ARPC/DPAR, the applicant advised the recruiter that he was no longer interested in joining the AFR because he was looking at joining the ANG.  At that time the AFR recruiter stopped working applicant’s accession package. 

On 8 Aug 14, a memorandum from AFPC/DPSOR with the subject line, “Identification Card Requirements for Separating or Retiring Personnel,” was issued on the applicant and block f., Transfer to a Reserve Component.  Expiration of Reserve obligation, was not checked.

On 9 Sep 14, the applicant signed Individual Ready Reserve Requirements Memorandum which stated, “Upon expiration of your military service obligation (MSO), you will be retained in Reserve Status unless you voluntarily resign your commission, meet the criteria for discharge, or qualify for transfer to the Retired Reserve.” 

On 9 Sep 14, the applicant was honorably discharged from the Regular Air Force.  The applicant’s DD Form 214 reflects “Command to Which Transferred – N/A” and the type of separation as “Resignation.”  

On 7 Aug 15, according to NGB/A1PO, the applicant signed AF Form 24, Application for Appointment as Reserve of the Air Force or USAF without Component”, block 18, indicating he was not currently a member of any branch of the uniformed services. 

On 12 Feb 16, the applicant entered the Air National Guard.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and E.

AIR FORCE EVALUATION:

ARPC/DPAR recommends denying the application. There is no legal way ARPC can recommend approval because the applicant was never approved for appointment to the Air Force Reserve by the Secretary of Defense. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 Feb 17 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

NGB/A1PO recommends denying the application. The applicant was processed as a former officer with a break in service for accession into the Air National Guard.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 26 Apr 18 for comment (Exhibit F), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application. The applicant had completed his MSO by the time of his resignation from the Air Force; there was no option to serve in the IRR.   The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 5 Jun 18 for comment (Exhibit H), and the applicant replied on 26 Jun 18.  The applicant contended he should have remained in the IRR unless he specifically asked to be released.  The applicant’s complete response is at Exhibit I.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error.  The Board concurs with the rationale and recommendation of ARPC/DPAR, NGB/A1PO and AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01432 in Executive Session on 18 Jul 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPAR, w/atchs, dated 5 Jun 16.
Exhibit D:	Notification of Advisory, AFBCMR to applicant, dated 10 Feb 17.
Exhibit E:	Advisory opinion, NGP/A1PO, w/atchs, dated 5 Apr 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Apr 18.
Exhibit G:	Advisory opinion, AFPC/DP2STM, dated 23 May 18.
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 5 Jun 18.
Exhibit I:	Applicant’s response, w/atch, dated 26 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.