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AF | BCMR | CY1998 | 9801156
Original file (9801156.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  98-01156 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

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Applicant  requests  that  his  mandatory  separation date  (MSD) of 
1 December 1999 be adjusted to 1 December 2003 to allow for time 
he  was  assigned  to  the  Inactive  Status  List  Reserve  Section 
(ISLRS).  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). 
As of this date, no response has been received by this office. 

- 

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  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.  David  C.  Van  Gasbeck,  Dr.  Gerald 'B. 
Kauvar, and Ms.  Rita J. Maldonado considered this application on 
10 September 1998, in accordance with the provisions of Air Force 
Instruction 36-2603, and the governing statute, 10 U.S.C.  1552. 

"--- -------- 

-hair 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

... -- 

1 .f- 

DEPARTMENT  OF  THE  AIR  FORCE 

HEADQUARTERS  AIR  RESERVE  PERSONNEL  CENTER 

2  9  MAY  m 

MEMORANDUM FOR AFBCMR 

1535 Command Dr EE Wing 3rd Floor 
Andrews AFB MD  20762-7002 

FROM:  HQ ARPCDP 

6760 E Irvington PI #1500 
Denver CO  80280- 1500 

SUBJECT:  Application for Correction of Military Records,  j

-n 

1.  The requested correction cannot be accomplished administratively at this headquarters. 

2.  The applicant is requesting that his mandatory separation date (MSD) of 1 December 1999 
be adjusted to 1 December 2003 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 (U.S.C.) former 
Section 8848.  It states that an officer in the grade of lieutenant colonel in an active status who 
is not on a recommended list for promotion to the Reserve grade of colonel, be transferred if 
qualified, to the Retired Reserve, or be discharged fiom his Reserve appointment 30 days 
after completion of 28 years of service, not to exceed his 60th birthday.  Time assigned to 
ISLRS 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. 

c.  If the applicant does not have 20 years of satisfactory service, but has 19 years by the 
time his MSD expires, he would be eligible for sanctuary per Title 10, U.S.C. Section 12646. 
He would be able to remain in an active status until he completed 20 years of satisfactory 
service or the adjusted MSD (2 years for someone with 19 years), whichever is earlier. 

4.  Recommend denial of the applicant's request.  There are no provisions in the 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 krther 
action is necessary. 

, 

5.  If the AFBCMR disagrees with our recommendation, take the following action: 

Change the applicant’s MSD to 1  December 2003. 

6.  If you have any questions, please contact Ms. Darcy Blair, HQ ARPCDPAD, at DSN 926- 
6362 or e-mail dblair@arpcmail.den.disa.mil. 

s 



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