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AF | BCMR | CY1998 | 9703444
Original file (9703444.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03444 
COUNSEL:  None 

C' :,I  ; 3 ;.= 

'

-  

HEARING DESIRED: NO 

APPLICANT REOUESTS THAT: 
His mandatory separation date (MSD) be changed from 10 March 2 0 0 1  
to 8  J u l y   2004. 

APPLICANT CONTENDS THAT: 
with  the  implementation  of  the  Reserve  Officer  Personnel 
Management Act  (ROPMA) on 1 October 1996, the MSD  of officers who 
were awarded constructive service credit, was to be recomputed to 
delete  that  credit.  He  was  awarded  four  years  constructive 
service credit for being a dentist.  The deletion of this credit 
should have resulted in his MSD  of  8  July 2000 being changed to 
8  July  2004.  He  believes  it  was  changed  to  10 March  2 0 0 1   in 
error.  It appears that his acceptance of an Air Force commission 
on  11  February  1971  through  the  early  commissioning program, 
created this problem.  That date and event gave him no benefits 
or advantages over someone who joined the Air Force immediately 
upon graduation from dental school.  But, it now has the negative 
and unjust effect of preventing him serving 3 years and 4  months, 
which  he  could  have  served  with  the  deletion  of  4  years  of 
constructive service credit and obtaining an Air Force commission 
in any way other than the early commissioning program.  He does 
not believe this was the intent of ROPMA.  His MSD was extended 
only 8 months and not the 4 years it should have been with the 
deletion of 4  years constructive service credit. 
Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
On 11 February 1971, the applicant was appointed a 2nd  Lieutenant 
in the Reserve of  the Air Force  (ResAF) in the Medical  Service 
Corps  (MSC) Early  Commission  Program  (ECP) . 
His  established 
Total  Federal  Commission  Service  Date  (TFCSD) was  11  February 
1971. 

97- 03444 

On 5 February 1974, applicant was appointed lSt Lieutenant in the 
ResAF, Dental  Corp  (DC).  He  graduated  from  dental  school on 
8 June 1974. 
On 2 July 1974,  the applicant was ordered Extended Active  Duty 
( E A D ) ,   ResAF, in the grade of Captain.  He was awarded four years 
constructive  service  credit  on  his  total  years  service  date 
(TYSD) for a dental degree and his TYSD was established as 8 June 
1970.  Applicant's  TYSD  is  established  from  the  date  of 
graduation, 8 June 1974,  and  includes 3  years, 3  months and  27 
days  duplicated  commissioned  service  time  for  the  period  11 
February  1971  through  8 June  1974,  and  8  months,  3  days 
constructive  credit  for  the  period  8  June  1970  through  10 
February 1971.  He had an established MSD of 8 July 2000. 
On 4 August 1981, applicant was commissioned in the regular Air 
Force and appointed a Captain, DC. 
On  5 January 1983,  applicant tendered his  resignation from all 
appointments in the Air Force, to be effective 1 September 1983. 
On 5 May  1983, applicant withdrew his resignation to remain at 
his present assignment at Torrejon AB Spain for one more year and 
allow him  the  opportunity to  apply  for AF  sponsored  specialty 
training in endodontics once more. 
On 21 November 1983, applicant tendered his resignation from all 
appointments in the Air Force. 
On  18  January  1984,  the  Secretary  of  the  Air  Force  accepted 
applicant's resignation and applicant was honorably discharged on 
5 July 1984 in the grade of lieutenant colonel. 
On 28 May 1985, applicant accepted a commission as a ResAF in the 
grade of lieutenant colonel. 
With the implementation of  ROPMA on 1 October 1996, the MSD  of 
officers who were awarded constructive service credit was to be 
recomputed to delete that credit.  Applicant's MSD  was recomputed 
to  delete  the  constructive service  credit  changing his  MSD  of 
8 July 2000 to 12 March 2001. 
Applicant's MSD  of  12 March  2001 is computed based  on  30 years 
and  30 days commissioned service under Title  10 U.S.C., former 
Section 8851,  from his TFCSD of  11 February 1971.  The TFCSD  is 
the date of acceptance of the applicant's original commission and 
reflects no constructive service credit. 

2 

97-03444 

AIR FORCE EVALUATION: 
The  Director  of  Personnel  Program  Management,  HQ  ARPC/DP, 
reviewed  this  application  and  states  that  based  on  the 
applicant's  Statement  of  Service  dated  6 November  1974  and  AF 
Form  133,  Oath  of  Office,  sworn  on  11  February  1971,  the 
applicant  was  officially  commissioned  in  the  Medical  Service 
Corps Early Commission Program IAW Air  Force Manual  (AFM) 36-5, 
30 September  1970,  page  7-1,  paragraph  7-3(1)  and  AFR  36-6, 
Medical  Service  Early  Commissioning  Program, 21 November  1969. 
Therefore, the  current  TFCSD, 11 February 1971,  shown in  their 
Personnel  Data  System  (PDS)  is  correct. 
The  applicant  was 
awarded 4 years constructive service credit on his  TYSD, for a 
dental  degree. 
The  TYSD  is  established  from  the  date  of 
graduation, 8 June 1974,  and includes 3  years, 3  months, and 27 
days  duplicated  commissioned  service  time,  11  February  1971  - 
8 June  1974,  and  8 months,  3  days  constructive credit, 8 June 
1970 through 10 February 1971, per AFM  36-5, Table 2-3, Rule  7, 
and paragraphs 2-15 and  2-16.  The current TYSD shown in their 
PDS is correct at 8 June 1970.  Therefore, they recommend denial 
of the applicant's request. 

A complete copy of their evaluation is attached at Exhibit C. 

AP PL 1 CANT ' S   REVIEW OF AIR F ORCE EVALUATION: 
A complete copy of the Air Force evaluation was forwarded to the 
applicant on  18 May  1998,  for review and response.  As  of  this 
date, no response has been received by this office. 

THE BOARD CONCLUDES THA T: 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 

2.  The application was timely filed. 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of probable error or injustice.  A f t e r  
reviewing the evidence of record, we  are not persuaded that the 
applicant's  Mandatory  Separation Date  (MSD) should be  changed. 
The  applicant contends that  he  should have  four years added  to 
his MSD, changing it to  8 July 2004.  In this respect, we  note 
that  the  Air  Force  states that  with  the  implementation of  the 
Reserve  Officer  Personnel  Management  Act  (ROPMA) on  1 October 
1996,  the  applicant's  MSD  was  adjusted  from  8  July  2000  to 
12 March  2001.  We  also note that  the Air  Force  indicates that 
the  applicant's  MSD  of  12 March  2001 was  computed based  on  30 
years  and  30  days  commissioned  service  under  Title  10  U.S.C., 

3 

97-03444 

former Section 8851, from his Total Federal Commissioned Service 
Date of 11 February 1971.  In view of the computations, we find’ 
no  error  and  applicant  has  not  provided  any  evidence  to  the 
contrary. In view of the foregoing and in the absence of evidence 
to  the  contrary,  we  find  no  basis  to  recommend  granting  the 
relief sought in this application. 

THE BOAR D DETERMINES THAT: 
The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  probable  material  error  or 
injustice; that  the  application  was  denied  without  a  personal 
appearance; and  that  the  application will  only be  reconsidered 
upon  the  submission  of  newly  discovered  relevant  evidence  not 
considered with this application. 

The following members of the Board considered this application in 
Executive Session on 10 November  1998, under  the provisions  of 
AFI 36-2603: 

Ms. Charlene M. Bradley, Panel Chair 
Mr. Joseph G. Diamond, Member 
Mr. Terry A. Yonkers, Member 
Ms. Gloria J. Williams, Examiner  (without vote) 

The following documentary evidence was considered: 

Exhibit A. DD Form 149, dated 12 Nov 97, w/atchs. 
Exhibit B. Applicantis Master Personnel Records. 
Exhibit C. Letter, ARPC/DP, dated 1 May 9 8 .  
Exhibit D. Letter, AFBCMR, dated 18 May 98. 

CHARLENE M. BRADLEY 
Panel Chair 

4 



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