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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NO: 98-00702
COUNSEL: NONE
HEARING DESIRED: NO
AUG 2 1 8%
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Applicant requests that he be returned to active reserve status
fo'r the period 1 April 1998 to 27 November 1999. Applicant's
submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
Applicant has provided a response (Exhibit E).
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been adequately rebutted by
applicant.
Absent persuasive evidence applicant was denied
rights to which entitled, appropriate regulations were not
followed, or appropriate standards were not applied, we find no
basis to disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Thomas S . Markiewicz, Mr. Henry Romo
Jr., and Mr. Walter J. Hosey, considered this application on
19 August 1998, in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
THOMAS S. MARKIEWICZ
Panel Chair
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Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
E. Applicant's Response
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
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1535 Command Dr EE Wing 3’” Floor
Andrews AFB MD 2033 1-7002
6760 E Irvington P1 #I 500
Denver CO 80280- 1500
MEMORANDUM FOR AFBCMR
FROM: HQ ARPCDP
SUBJECT: Application for Correction of Military Records))
1. The requested correction cannot be accomplished administratively at this headquarters.
2. The applicant is requesting that his mandatory separation date (MSD) of 1 April 1998 be
extended to 27 November 1999 to allow for time he was assigned to the Inactive Status List
Reserve Section (ISLRS).
3, The following is an analysis of the case:
a. The applicant’s MSD was established per Title 10, United States Code, former Section
8851. This states that an oficer in the grade of colonel in an active status who is not on a
recommended list for promotion to the Reserve grade of brigadier general, be transferred if
qualified, to the Retired Reserve, or be discharged from his Reserve appointment 30 days after
completion of 30 years of service or 5 years Erom his date of rank, whichever is later, not to
exceed his 60th birthday. Time assigned to ESLRS is considered a break in active participation
but not a break in commissioned service, thus it does count toward his MSD. There are no
provisions under which his MSD can be extended.
b. The MSD is established early in a Reserve officer’s career and remains a part of the
record throughout the officer’s service. We cannot comment on why the applicant was
unaware of this important date.
4. Recommend denial of the applicant’s request. There are no provisions in law that allow the
MSD to be changed because of time assigned to ISLRS. If the Air Force Board for Correction
of Military Records (AFBCMR) agrees with our recommendation, no fbrther action is
necessary.
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5. If the AFBCMR disagrees with our recommendation, take the following actions:
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a. Cancel the applicant’s assignment to the Retired Reserve which is to be effective on
1 April 1998.
b. Change the applicant’s MSD to 27 November 1999.
HQ ARPUDPAD, at
9800702
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