RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02229

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His Duty History be corrected to reflect his assignment in the Individual Ready Reserve (IRR) from 13 Oct 14 until 8 May 18.

2.  His Reserve Point History be corrected to reflect membership points for each IRR year for a total of 53 points.

APPLICANT’S CONTENTIONS

In 2008, he signed AF Form 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract, which reflects his agreement to an eight year Military Service Obligation (MSO).  In May 10 he commissioned and upon completing his initial Active Duty Service Commitment and separating from Active Duty in Oct 14 to attend law school, he understood he would transfer into the IRR because of his remaining MSO.  He accepted a reserve commission, and the Separation Order he was provided indicated he had an MSO and that he was being assigned to the Air Reserve Personnel Center (ARPC).  He also signed an acknowledgment of assignment to the IRR and his DD Form 214, Certificate of Release or Discharge from Active Duty, notes his reserve obligation termination date as 8 May 18.

After separating from Active Duty, he was repeatedly told he was in the IRR.  The Total Force Service Center (TFSC) confirmed he had been assigned to the IRR.  He was issued a green reserve identification card, and participated in an IRR muster in 2017 upon an order to do so by ARPC.  It was not until joining the Air National Guard and reviewing his records in preparation for his promotion board to major (O-4), that his assignment into the IRR was deemed erroneous.  According to the TFSC, he was never properly appointed and scrolled into the IRR.  Although, he had spent over 5 years completing IRR requirements, his assignment to the IRR was unjustly deleted from his duty history.  Furthermore, he has been told that short of the AFBCMR  correcting his duty history he will see a reduction in pay and owe back-pay despite having performed his duty in the IRR in good faith.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Reserve captain (O-3).

On 2 Oct 08, according to AF 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract, Part 1, Para 8, it states: “As a prerequisite for membership in the AFROTC program, I will enlist in the USAFR, incurring a basic MSO of eight (8) years from the date of my enlistment, during which time I will be assigned to the Obligated Reserve Section of the Individual Ready Reserve.”

On 13 Oct 14, according to DD Form 214, Certificate of release or Discharge from Active Duty, the applicant was furnished an honorable discharge from the Regular Air Force.  He was credited with 4 years of active duty service and in block 6, Reserve Obligation Termination Date, 8 May 18 is listed.

On 13 Oct 14, according to Special Order XXXX, Request and Authorization for Separation, block 10, Military Service Obligation, identifies “Yes”.

On 15 Mar 17, according to a pull from the Air Force Recruiting Information Support System (AFRISS), provided by ARPC/DPAR, the applicant was added to the scroll nomination list and was appointed to the Air Force Reserve by the Secretary of Defense (SecDef).

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

AIR FORCE EVALUATION

ARPC/DPAR recommends partially granting the application to reflect no break in service.  The applicant separated from Regular Air Force 13 Oct 14 and was not Sec Def Approved until 15 Mar 17 and did not receive an appointment order into the Air Force Reserve, incurring a break in service at no fault of their own. Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice to the applicant’s record pertaining to the break in service incurred from going to the Air Force Reserves from Regular Air Force.

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 20 Aug 21 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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPAR and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant has provided multiple emails from recruiters, an AF Form 1056, DD Form 214 and Special Order XXXX, which all indicate that he should have been transferred to the IRR immediately following his discharge from active duty.  As such, the Board finds the evidence sufficient to justify granting the applicant’s request to remove his break in service from the period 13 Oct 14 through 14 Mar 17.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was not released from active duty on 13 Oct 14, but on that date, he continued to serve on active duty until 14 Mar 17, on which date he tendered his resignation, was discharged from all Regular Air Force appointments, and was released from active duty.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant 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-2021-02229 in Executive Session on 28 Sep 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

	Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Jun 21.
	Exhibit B:	Documentary evidence, including relevant excerpts from official records.
	Exhibit C:	Advisory opinion, ARPC/DPAR, w/atchs dated 5 Aug 21.
	Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 Aug 21.

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