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AF | BCMR | CY1999 | 9900278
Original file (9900278.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00278
            INDEX CODE:  136.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

By amendment, his Mandatory Separation Date (MSD) be  extended  to  18
Jul 99.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Extending his retirement date would allow him to  reach  18  years  of
service, which would place him in the sanctuary and allow him to serve
the remaining two years needed for a Reserve retirement.

In support of his appeal, the applicant provided a personal  statement
and an affidavit.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a captain, Air Force  Reserve,  on  27 Sep 85.
He was promoted to the grade  of  major  on  1  Jun  91.   Information
extracted from the Personnel Data  System  (PDS)  indicates  that  the
applicant had  a  Mandatory  Separation  Date  of  1 Apr  99.   As  of
retirement year ending 13 Nov 98, he was credited  with  17  years,  3
months, and 26 days of satisfactory Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Personnel  Program  Management  Section,  ARPC/DP,  reviewed  this
application and recommended denial.  ARPC noted  that,  on  18 Sep 98,
the applicant was notified of a  second  deferral  of  promotion.   In
accordance with Title 10, United States Code, Section 14506,  he  must
be discharged.  His MSD was adjusted to 1 Apr 99, which is  the  first
day of the seventh month  after  the  month  in  which  the  President
approved the report of the board that considered the officer  for  the
second time.

DP indicated that, as of 13 Nov 98, the applicant had served 17 years,
3 months, and 26  days  of  satisfactory  Federal  service  towards  a
Reserve retirement.  In  order  to  reach  18  years  of  satisfactory
Federal service and be placed  in  the  sanctuary,  he  will  need  to
participate another 8 months and 4 days  and  earn  an  additional  24
points between 14 Nov 98 and 18 Jul 99.  With a MSD of 1 Apr 99,  this
is unattainable.  If the applicant’s MSD were extended to 1 Jul 99, it
would still be unattainable, since the end of the eighteenth year,  18
Jul 99, would be after  his  MSD.   According  to  DP,  there  are  no
provisions to grant an extension of the applicant’s MSD.

A complete copy of the DP evaluation, with attachments, is at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicated that he arrived at this point through a number
of decisions  based  on  assurances  and  guidance  provided  by  ARPC
personnel.   He  made   career   decisions   in   reliance   on   that
administrative guidance.  He has subsequently discovered that much  of
that guidance was incomplete or inaccurate.  The  compound  effect  of
that guidance and his decisions based on that guidance has left him in
a position of being forced to leave the  service  after  17  years,  8
months, and 13 days of satisfactory service.  He has also finished the
required work and met the point requirements for a full 18  years,  as
he has acquired 48 points and 10 mandays  already  this  year  in  the
normal course of his duties.   While  the  fact  that  this  situation
developed is unfortunate, it will become a gross injustice only if the
administrative process fails to remedy the situation.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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.  The evidence of  record
reveals that the applicant was twice deferred  for  promotion  to  the
Reserve grade of lieutenant colonel.  The applicant was notified that,
due to his second deferral, he must be discharged, as required by law,
and an adjusted MSD of 1 Apr 99 was established.  No evidence has been
presented which would lead us to believe that the applicant’s  MSD  is
in error.  In view of the above, and in the absence of evidence to the
contrary, we agree with the recommendation of the Air Force office  of
primary responsibility (OPR) and adopt their rationale  as  the  basis
for our decision that the applicant has failed to sustain  his  burden
of establishing that he has suffered either an error or an  injustice.
Accordingly, the applicant’s request is not favorably considered.

_________________________________________________________________

THE BOARD 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 22 Jun 99, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Mr. Timothy A. Beyland, Member
      Mr. Joseph G. Diamond, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jan 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DP, dated 4 Mar 99.
    Exhibit D.  Letter, SAF/MIBR, dated 22 Mar 99.
    Exhibit E.  Letter, applicant, dated 22 May 99.




                                   THOMAS A. MARKIEWICZ
                                   Panel Chair



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