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AF | BCMR | CY1999 | 9900281
Original file (9900281.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00281
            INDEX CODE:  136.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His records be corrected to show that his Mandatory  Separation  Date  (MSD)
of 1 July 1999 was adjusted for a period of 12 months.


APPLICANT CONTENDS THAT:

His MSD should be adjusted  since  his  commission  in  the  Washington  Air
National Guard (ANG) was delayed.

The applicant states that in May 1978, he auditioned and  was  qualified  to
become a band officer in the ANG.  He resigned his Army commission  and  was
released from the  Army  Reserve.   However,  he  was  not  sworn  into  the
Washington ANG until May 1979.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving in the Washington ANG  in  the  grade  of
colonel.

The applicant was released from the Army Reserve on 6 June 1977.

On 7 May 1978, the applicant was auditioned  and  found  qualified  for  the
band officer specialty.

On 26 April 1979,  the  applicant  was  approved  for  appointment  as  Band
Director in the grade of captain.

The applicant was appointed in the Washington ANG effective 1 May  1979  and
assigned to the 560th Air Force Band.

During the Retention/Retirement Year 6 June 1978 through 5  June  1979,  the
applicant  was  awarded  8  inactive  duty  training  (IDT)  points  and  15
membership points, for a total of 23 points.  The year was not considered  a
year of satisfactory Federal service.

The applicant was tendered an  indefinite  term  appointment  as  a  Reserve
officer of the Air Force on 12 June 1979.

During the period 6 June 1978 through 5 June 1979 he was placed  in  a  non-
participation status.

The applicant was placed on the Reserve Retired List on  1  July  1999.   He
completed 27 years and 25 days of satisfactory Federal service and  will  be
eligible for retired pay at age 60.


AIR FORCE EVALUATION:

The Chief, Utilization, ANG/DPPU, has reviewed the  application  and  states
the applicant had one year of  non-participation  while  pending  an  inter-
service transfer from the Army Reserve to  the  ANG.   ANG/DPPU  notes  that
during  the  administrative  process  to  transfer  from  one  component  to
another, officers continue to participate in  unit  training  assemblies  to
obtain and complete a satisfactory retirement year.   ANG/DPPU  opines  that
recommending relief would set a precedence for all inter-service  transfers.
 The applicant also requests his MSD be extended for a period  of  12-months
based on the hiring of  his  successor;  however,  there  are  no  statutory
provisions to allow an extension of a MSD  for  line  officers.   Therefore,
they recommend denial of the applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  that  when  he
submitted the transfer request to his Army Reserve unit, he was required  to
turn over his  command  and  clear  the  unit.   Contrary  to  the  advisory
opinion, there was no opportunity  to  complete  a  satisfactory  retirement
year.  While he understands the desire not to set a  precedence  for  future
transfers, it is incumbent upon the services to provide  reasonable  support
to those making the transition.

The applicant’s complete response is attached at Exhibit E.


THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation of  the  Air  Force  and  adopt
their rationale as the basis for the conclusion that the applicant  has  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

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 30 November 1999, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Mr. Edward C. Koenig, Member
                 Mr. Gregory W. Den Herder, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Dec 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ANG/DPPU, dated 11 May 99.
      Exhibit D. Letter, AFBCMR, dated 7 Jun 99.
      Exhibit E. Applicant’s Response, dated 25 Jun 99.




                             THOMAS S. MARKIEWICZ
                             Panel Chair

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