RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02774

XXXXXXXXXXXXXX	COUNSEL: NONE	

  	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

The start date of her Active Guard Reserve (AGR) orders be 2 Dec 20, instead of 11 Dec 20.  

APPLICANT’S CONTENTIONS

Her AGR start date should be adjusted to remove her break in service.  She is currently on AGR orders from 11 Dec 20 to 31 Dec 23.  She was serving a voluntary limited period of active duty (VLPAD) when she applied for an AGR position.  On 29 Jul 20, she received notification of selection.  She accepted the position and submitted the required documentation.  Her AGR package was approved with a start date of 2 Dec 20.  As a result of the break in service, her records show she was in the Inactive Ready Reserves (IRR) from 2 to 10 Dec 20.  

She started work on 2 Dec 20; however was notified by ARPC on 4 Dec 20 her AGR orders were canceled due to not being medically cleared for the position.  The orders were then reaccomplished with a start date of 11 Dec 20.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

The applicant performed a period of active duty in the Regular Air Force from 1 Dec 17 to 1 Dec 20.

The applicant provides Special Order dated 17 Sep 20, showing she was selected for an AGR position with effective date of duty of 2 Dec 20.  

The applicant provides Special Order dated 14 Dec 20, showing she was selected for an AGR position with an effective date of duty of 21 Dec 20.  

The applicant provides MyPers Discussion Thread which shows her AGR order was being routed with an order start date of 11 Dec 20.  The military personnel data system (MILPDS) shows her duty effective date is 11 Dec 20.  

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

AIR FORCE EVALUATION

ARPC/DPAA recommends denying the application.  On 4 Dec 20, AGR Management notified the applicant that the order for 2 Dec 20 was canceled due to not being medically qualified.  Recruiting advised the applicant she was unable to start before the date AFRC/SG approved the waiver.  

The applicant accepted the AGR position on 31 Jul 20.  Upon position acceptance, AGR Management requested required documents for orders generation to include an AF Form 1288, Application for Ready Reserve Assignment, orders worksheet and medical clearance.  The recruiter was pending documents for medical clearance and the documents were requested on 24 Sep, 30 Sep, 13 Oct, 20 Nov and 24 Nov 20.  On 24 Nov 20, the applicant stated she could not get the documents due to COVID-19.  The applicant was in a non-worldwide deployable status, with expiration date 31 Mar 21.  Due to the assignment action code (AAC), the applicant was deferred to the SG for medical review for transfer to the Air Force Reserve.  The applicant still refused to provide documentation required for the waiver package.  All applicants must be medically qualified or be medically acceptable with a waiver.  The AGR Management was alerted on 11 Dec 20, the applicant had been medically cleared and a new order was generated with an 11 Dec 20 start date.  

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 29 Oct 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPAA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant requests her break in service due to the delay in the start date of her AGR orders be removed.  However, the evidence shows her AGR start date was delayed due to her failure to provide medical clearance documents in a timely manner as requested and required.  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-2021-02774 in Executive Session on 1 Feb 22:

 , 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 9 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAA, dated 19 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Oct 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.