AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-03444
COUNSEL: None
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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.
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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.,
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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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