RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03088

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His time in the Inactive Status List Reserve Section (ISLRS) be expunged from his record, and his Total Federal Commissioned Service Date (TFCSD) be adjusted to account for the break in service.  As an alternative, his Mandatory Separation Date (MSD) be extended for the duration of time spent in ISLRS.

APPLICANT’S CONTENTIONS

He entered the Air Force Reserve (AFR) and placed in ISLRS against his request and without being advised of potential repercussions.  He recently discovered his entry into ISLRS counts against his allowable commissioned time, preventing him from attending schools or taking assignments, and will force him to separate prior to his colonel (O-6) promotion board.  When he separated in 2004, he indicated he did not intend to enter the AFR.  His DD Form 2648, Preseparation Counseling Checklist, shows no reserve affiliation, as indicated in Item 16, Reserve Affiliation.  His DD Form 214, Certificate of Release or Discharge from Active Duty, indicates he was not to be transferred to the AFR, as per Item 9, Command to Which Transferred, Not Applicable.  Following his separation, he received email notification that his DD Form 214 had been amended to place him in the AFR.  Later, he received another letter stating he was being transferred to the ISLRS.  He was never informed what this meant or how it could impact him if he entered the AFR in the future.  After completing his doctorate, a coworker recruited him into the AFR in 2011.  He had to complete a physical exam, and explain his "break in service" to the promotion board.  For the past 9 years he has pursued a career in the AFR completely unaware of the constraint imposed due to his time in the ISLRS.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve lieutenant colonel (O-5).

AF Form 100, Request and Authorization for Separation, dated 9 Apr 04, Item 1, Type of Separation, indicates “Released from Active Duty/Transferred to RESAF,”

On 14 Apr 04, DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, amended the applicant’s DD Form 214, Item 9, to read USAFR.

On 23 Apr 04, the applicant was discharged from the USAFR.

On 24 Apr 06, the applicant was reassigned to the ISLRS.

On 17 Aug 11, the applicant requested to be transferred from the ISLRS to a Selected Reserve unit.

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

AIR FORCE EVALUATION

ARPC/DPAM recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant was separated on 23 Apr 04.  According to the Officer Separation line in the Military Personnel Data System (MilPDS), he requested a reserve commission even though he no longer had a military service obligation.  The applicant was placed into the Non-Obligated Non-Participating Reserve Personnel Section (NNRPS) of the Individual Ready Reserve (IRR).  On 24 Apr 06, he was transferred to ISLRS in accordance with AFI 36-2115, Assignments within the Reserve Components, dated 8 Apr 05, Section 4.3.3.3, which states, “Reassign officers from NNRPS to ISLRS if they do not get a participating assignment after 2 years…” The applicant remained in ISLRS until 12 Oct 11.  On 13 Oct 11, the applicant was reassigned to a selected reserve unit, and has remained in the selected reserve since that time.  The applicant contends that it was not his desire to be placed into the IRR when he was separated from Regular Air Force.  A review of his military service record was inconclusive.  The applicant’s DD Form 214 reflecting his separation from Regular Air Force did not contain a reference to his transfer to the Air Force Reserve.  However, a subsequent DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, amending the DD Form 214, Item 9, Command to Which Transferred, from “Not applicable” to “USAFR.”  The applicant acknowledged that he received notice that his DD Form 214 had been amended to place him in the Air Force Reserve.  He also acknowledged receiving the DD Form 215 via mail.  Furthermore, the applicant acknowledged that he received the reassignment order moving him to ISLRS.

According to the Officer Separation line in MilPDS, the applicant requested a reserve commission and move to the IRR.  The applicant’s time in the IRR and ISLRS was in accordance with all applicable guidance.  The applicant acknowledged that he received the notifications that changed his status to a Reserve member that assigned him to ISLRS.  When the applicant chose to return to a participating position, he was able to be reassigned from ISLRS to a Selected Reserve unit without having to be re-accessed into the Air Force Reserve.  Although the applicant mentions that he had to complete a physical examination prior to be reassessed, the physical is a standard practice for personnel being assigned in ISLRS.  This process determines if personnel meet physical standards to perform duties in an active status.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 1 Dec 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPAM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  As noted above, the applicant’s time in the IRR and ISLRS was in accordance with all applicable guidance.  Furthermore, the applicant acknowledged that he received the notifications that changed his status to a Reserve member that assigned him to ISLRS.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-03088 in Executive Session on 28 Jan 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAM, w/atch, dated 27 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 1 Dec 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-03088, as required by AFI 36-2603, paragraph 4.11.9.