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AF | BCMR | CY1998 | 9800702
Original file (9800702.pdf) Auto-classification: Denied
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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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c

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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