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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