RECORD OF PROCEEDINGS

IN THE MATTER OF:                                     DOCKET NUMBER: BC-2022-01016

XXXXXXXXXX                                                COUNSEL: NONE

                                                                             HEARING REQUESTED: NOT INDICATED	

APPLICANT’S REQUEST

His Mandatory Separation Date (MSD) be changed.

APPLICANT’S CONTENTIONS

He believes 6 years, 2 months and 18 days should be added to his MSD.  He left active duty in August 2001.  He was informed by his Military Personnel Flight (MPF) that he would be in the Individual Ready Reserve (IRR) for two years and then removed.  He completed five years of his military service obligation (MSO) while assigned to active duty and completed two years in the IRR.  His last MSO date was 15 September 2003.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard lieutenant colonel (O-5).

On 31 May 1995, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered the Regular Air Force.  On 15 September 2001, the applicant was honorably discharged in the grade of O-3.  He was credited with 6 years, 3 months, and 15 days of active service.  His narrative reason for separation is “Completion of Required Active Service.”

On 16 September 2001, according to Reserve Order XXX, dated 29 October 2001, the applicant was appointed as a Reserve of the Air Force in the grade of O-3 and assigned to the Obligated Reserve Section (ORS).  The applicant was a resigning regular Air Force officer that accepted a commission as a Reserve of the Air Force.

On 31 May 2005, according to Reserve Order XXX, dated 7 June 2005, the applicant was reassigned from the Non-Obligated Non-Participating Ready Personnel Section (NNRPS) to the Inactive Status List Reserve Section (ISLRS).

On 4 December 2009, according to Special Order XXX, dated 14 December 2009, the applicant was assigned to the Air National Guard.

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.  The applicant was commissioned on 31 May 1995, which established his Total Federal Commissioned Service Date (TFCSD) as the same.  The MSD is calculated using the TFCSD as the starting point.  The applicant served in the Regular Air Force from 31 May 1995 until 15 September 2001, when he transferred to the ORS of the IRR.  When his initial 8-year MSO was completed on 30 May 2003, the applicant was transferred to the NNRPS of the IRR.  The maximum length of stay in NNRPS is two years.  On 30 May 2005, the applicant was transferred to the ISLRS of the Standby Reserve.  The applicant was assigned to the ISLRS from 31 May 2003 until 3 December 2009.  On 4 December 2009, the applicant was assigned to the Air National Guard and he presently remains in the Air National Guard.  The applicant has not had any breaks in service; therefore, his TFCSD remains unchanged.

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The assignments to the IRR and Standby Reserve were in accordance with the provisions of AFI 36-2115, Assignments within the Reserve Component, dated 1 October 1997.  The applicant’s MSO began when he was commissioned on 31 May 1995 and ended on 30 May 2003.  The applicant was transferred to NNRPS in accordance with AFI 36-2115, Section 5.3.3., which reads as follow:  

         5.3.3. The IRR Non-obligated Non-participating Ready Personnel Section (NNRPS-RD) is made up of officers and enlisted personnel without an MSO who qualify for duty worldwide. 

                 5.3.3.1. Assign officers to NNRPS when they complete their MSO while in ORS and do not apply for and obtain participating Reserve assignments. 

The applicant served two years in NNRPS and was then transferred to ISLRS in accordance with AFI 36-2115, 5.3.3.3., which reads as follows:  

                 5.3.3.3. Reassign officers from NNRPS to the ISLRS if they do not get a participating assignment after 2 years (VSI recipients after 3 years.) 

The applicant remained in ISLRS for 6 years, 6 months, and 3 days.  The standard length of a term in ISLRS is generally 3 years in accordance with AFI 36-2115, Section 5.4.2.1, which reads as follows:  

                 4.4.2.7. Reserve officers generally remain assigned to ISLRS for 3 years after which time they can be screened for discharge.

Based on the analysis, the only anomaly discovered was that the applicant spent 3 years, 6 months, and 3 days longer in ISLRS than the normal 3 years.  There is no documentation in the applicant’s record to indicate why he remained in ISLRS beyond three years but discharge from ISLRS is at the discretion of the ARPC commander.  By remaining in ISLRS, the applicant was able to make the transition from the Standby Reserve to the ANG without having to be re-accessed from civilian 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 23 May 2022 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.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2022-01016 in Executive Session on 16 June 2022:

, 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 3 April 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAM, w/atch, dated 16 May 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 May 2022.

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.