RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02190 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His record be corrected to reflect his discharge date from the Inactive Status List Reserve Section (ISLRS) as 12 August 1999 rather than 13 January 2007. 2. Any debt (overpayment of pay and allowances based on longevity) incurred due to the requested adjustment of his time in ISLRS be waived. _________________________________________________________________ APPLICANT CONTENDS THAT: He spent nine years in ISLRS. In accordance with Air Force Instruction 36-2115, he was to remain in ISLRS for no longer than three years. He was unaware that the time spent in ISLRS would count towards his Total Federal Commissioned Service Date (TFCSD). With this additional time spent in ISLRS, he is currently unable to obtain 20 satisfactory years of service before his mandatory separation date (MSD). In support of his appeal, the applicant provides a personal statement, and copies of his notification of assignment to ISLRS, ISLRS assignment order, ISLRS discharge order, Statement of Agreement and Understanding (for Air National Guard appointment), security clearance Statement of Understanding, Statement of Understanding for Officer Appointment, and Statement of Understanding (for waiving disability compensation and for repayment of his Special Separation Benefits. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving as a member of the Massachusetts Air National Guard in the grade of major (O-4). He was a recipient in the Special Selection Board (SSB) Program which obligated him to spend three years in the Non-Obligated, Non-Participating Ready Personnel Section (NNRPS) until 11 August 1996. He was then transferred into ISLRS until his discharge from all appointments on 26 July 2005. He was subsequently appointed to the Massachusetts Air National Guard on 13 January 2007. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPT recommends approving the applicant’s request to correct his record to show he was discharged from ISLRS effective 11 August 1999. DPT states that in accordance with Air Force Instruction 36-2115, paragraph 4.4.2.7, Reserve officers generally remain assigned to ISLRS for three years after which time they can be screened for discharge. DPT indicates it was discovered that the time the applicant spent in ISLRS in excess of three years would not allow him to obtain 20 years of satisfactory service before his MSD. If the applicant’s request is approved, his pay date and his TFCSD would be changed from 28 January 1987 to 13 January 1993. Any debt issues would be better addressed by the Defense Finance and Accounting Service (DFAS). The complete DPT evaluation is at Exhibit B. DFAS-IN recommends partial approval of the applicant’s requests. DFAS-IN concurs that the applicant’s record should be corrected to adjust his time spent in ISLRS from 12 August 1996 through 13 January 2007, to a release date from ISLRS effective 12 August 1999. This correction will change the applicant’s TFCSD and Pay Entry Basic Date (PEBD) which maintains updates to pay based on longevity; and, will cause the applicant to incur a debt. As this change is a benefit to allow him to obtain 20 satisfactory years of service before his MSD, the collection of the over- payment of pay and allowances based on longevity should be collected at such a rate as to not put the applicant in a financial hardship. The complete DFAS-IN evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to the applicant on 28 October 2011, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 to warrant partial relief. After a thorough review of the evidence submitted and the applicant’s military personnel records, we agree with recommendation from the Air Force office of primary responsibility in regard to correcting the applicant’s record to show he was discharged from ISLRS effective 12 August 1999 rather than 13 January 2007. In regard to the applicant’s request to waive any debt incurred due to the adjustment of his time in ISLRS, the Board notes the recommendation of DFAS-IN regarding the collection of any debt incurred. However, the Board believes it would be premature to take any corrective action on a debt without pertinent information regarding the debt. Also, when a debt is established, the applicant should exhaust available administrative remedies before making this request to the Board. Accordingly, we recommend the applicant’s record be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to reflect that he was discharged from the Inactive Status List Reserve Section effective 12 August 1999 rather than 13 January 2007. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02190 in Executive Session on 23 February 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2011- 02190 was considered: Exhibit A. DD Form 149, dated 13 Jun 11, with atchs. Exhibit B. Letter, ARPC/DPT, dated 12 Aug 11. Exhibit C. Letter, DFAS-IN, not dated. Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11.