RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00744 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His mandatory separation date (MSD) of 1 Feb 12, be extended one year and five days to 1 Mar 13. _________________________________________________________________ APPLICANT CONTENDS THAT: He was denied the opportunity to actually perform 28 years of commissioned service as a lieutenant colonel and will be denied one further opportunity to be considered for promotion to colonel. He was assigned to the retired reserve as an Honorary Retiree from 1 Oct 96 – 5 Nov 97, due to a medical disqualification, which was later overturned by the Air Force Board for Correction of Military Records (AFBCMR) in a decision dated 20 Feb 98. The period he was an honorary retiree should not be included in computing his total years of commissioned service because he was not eligible to participate for pay or points during that period. In support of his request, the applicant provides copies of ARPC/DPTTS letter, dated 22 Feb 11, an Air Force Reserve Officer Data Verification Brief, dated 27 Feb 11, Reserve Order EK-5862, Reserve Order DA-05339, and AFBCMR Decision 96-02002. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving as a judge advocate in the Air Force Reserve in the grade of lieutenant colonel, with a date of rank of 20 Jan 02. His total federal commissioned service date (TFCSD) is 20 Jan 84. His MSD expires on 1 Jan 12. On 1 Oct 96, the applicant was assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List in the grade of major. On 6 Nov 97, the applicant was assigned as a Category A, Reserve Judge Advocate, in the grade of major. _________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPTT recommends denial. DPTT states the applicant was a major when he was assigned to the Honorary Retired Reserve effective 1 Oct 96 and majors did not have MSDs. He remained in the Retired Reserve until the AFBCMR corrected his record to show he was assigned as a Category A reservist, effective 6 Nov 97, in the grade of major. The AFBCMR did not award him any points to give him a satisfactory year for the time spent in the retired status. In accordance with Title 10, United States Code 14507(a), the officer must be removed on the first day of the month in which the officer completes 28 years of commissioned service. The applicant was commissioned on 20 Jan 84, and his MSD was established as 1 Feb 12, based on 28 years of commissioned service. The applicant did not have an MSD at the time he was in the Honorary Retired Reserve; he will retire with 26 years, 8 months, and 11 days of satisfactory service. He has met six colonel promotion boards. The complete DPTT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: As the advisory opinion notes, he was assigned to the Retired Reserve as an honorary retiree from 1 Oct 96 – 5 Nov 97. During this period, he was not eligible to participate for pay and points. If that period is counted as part of his 28 years of commissioned service in establishing his MSD, as it currently is, it denies him the opportunity to actually perform 28 years of service, since he was not permitted to serve for pay or points during the one year, one month, and four day period as an honorary retiree. To correct this error and injustice and to afford him the opportunity to perform the full 28 years of service, he urges the AFBCMR to extend his MSD from 1 Feb 12 to 1 Mar 13. The applicant's complete response is at 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief. The applicant’s main contention is that in an earlier decision by the AFBCMR, his record was corrected to show that he was assigned as a Category A, Unit Reserve Judge Advocate, effective 6 Nov 97; however, the same panel denied his request to award him pay and points for the period 1 Oct 96 to 6 Nov 97. Based on a computation of his total commissioned service, his MSD was established as 1 Feb 12. The applicant now requests that his MSD be extended one year and five days. The applicant points out that his MSD, as currently established, denies him the opportunity to actually perform 28 years of service and one further opportunity to be considered for promotion to the grade of colonel. While the applicant’s contentions are duly noted, Title 10, USC, Section 14507(a), states “ 14701 or 14702 of this title or retained as provided in section 12646 or 12686 of this title, each reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of lieutenant colonel or commander and who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the reserve active-status list) be removed from that list under section 14514 of this title on the first day of the month after the month in which the officer completes 28 years of commissioned service.” SUnless continued on the reserve active-status list under section ince MSDs are established by law, the Board is precluded from changing this provision of the law. As such, his request that his MSD be extended is denied. Notwithstanding the above, we believe that some relief is warranted. In this respect, we note the previous panel did not award the applicant any points to give him a satisfactory year for the time he spent in a retired status. However, as a matter of equity and justice we believe that the applicant’s records should be corrected to reflect inactive duty training (IDT) points for the period he was in the Retired Reserve Section. In coming to this decision, we note the applicant continued to perform his duties as an officer in the Air Force Reserve, and to have this gap in his total years of satisfactory service would be an injustice to the applicant. Given the evidence of record and after weighing the circumstances of this case, we believe that the relief we are recommending provides the applicant full and fitting relief. Therefore, we recommend the applicant’s records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded an additional 50 non-paid inactive duty training (IDT) points, for Retention/Retirement (R/R) year 1 October 1996 to 5 November 1997, resulting in 50 total points and one year of satisfactory Federal service for retirement. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00744 in Executive Session on 21 Jul 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2011-00744 was considered: Exhibit A. DD Form 149, dated 28 Feb 11. Exhibit B. Letter, ARPC/DPTT, dated 17 Mar 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 1 Apr 11. Exhibit D. Letter, Applicant, dated 6 Apr 11. Panel Chair