RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05075
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His name be removed from the Individual Ready Reserve (IRR) 
roster.

________________________________________________________________

APPLICANT CONTENDS THAT:

He completed his Air Force service obligation and is not 
required to serve in the IRR for three years in order to receive 
separation pay.  According to AFI 36-2005, Appointment in 
Commissioned Grades and Designation and Assignment in 
Professional Categories – Reserve of the Air Force and United 
States Air Force, table 2.2, item 25, he was not eligible for a 
reserve appointment.  Moreover, AFI 36-3207, Separating 
Commissioned Officers, states that a regular officer not 
qualified for a reserve appointment need not be appointed to be 
eligible for full separation pay.

In support of his request, the applicant provides copies of ARPC 
IMT 92, Appointment Order; AF IMT 100, Request and Authorization 
for Separation; DD Form 214, Certification of Release or 
Discharge from Active Duty, and various other documents 
associated with his request.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 3 Nov 1997, the applicant entered the Regular Air Force.

On 31 Mar 2012, he was honorably discharged from the Air Force 
in the grade of major (Maj, O-4) with a narrative reason for 
separation of “Non-Selection, Permanent Promotion.”  He served 
14 years, 4 months, and 28 days of total active service.

________________________________________________________________



THE AIR FORCE EVALUATION:

ARPC/DPA recommends denial.  DPA states that the references the 
applicant referred to in his submission do not govern service 
commitment for receipt/acceptance of separation pay.  He was 
involuntarily discharged from active duty and accepted 
separation pay under § 1174 of Title 10, United States Code.  
Therefore, he is required, by a written agreement with the 
Secretary concerned, to serve in the Ready Reserve of a Reserve 
component for a period of not less than three years following 
his discharge or release from active duty.

The complete DPA evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 15 Mar 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by 
this office (Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt the 
rationale expressed as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 15 Aug 2013, under the provisions of AFI 
36-2603:

    , Panel Chair
    , Member
    , Member

The following documentary evidence was considered in AFBCMR BC-
2012-05075:

    Exhibit A.  DD Form 149, dated 22 Oct 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, 7 Mar 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 2013.




                                   
                                   Panel Chair


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