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AF | BCMR | CY2000 | 0001170
Original file (0001170.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 00-01170
                 INDEX CODE 102.01
                 COUNSEL: None

                 HEARING DESIRED: No
_________________________________________________________________

APPLICANT REQUESTS THAT:

His [active] commission date be changed from 2 Jul 93 to 29 Jun 93.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  a  prior  enlisted  staff  sergeant  and  received  a  direct
commission after graduating from the Physician Assistant  (PA)  school
in  Jun  93.  His  wife  lives  in  Florida  and  his  request  for  a
humanitarian assignment to care for her after back surgery was  turned
down. Changing the commission date will allow him to retire earlier so
she can have the surgery  and  he  can  care  for  her.   His  present
commission date would delay his retirement by a  month  since  members
have to retire on the first of each month.

A copy of applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty (EAD) on 16 Jun 80, completed  Phase
II of the PA program at XXXX AFB in 93, was discharged in the grade of
staff sergeant on 28 Jun 93 and, on that same date, took the  oath  of
office for appointment  as  a  second  lieutenant  in  the  Air  Force
Reserves.  Therefore, his  total  federal  commissioned  service  date
(TFCSD) is 28 Jun 93.

His extended active  duty  order,  dated  14  Apr  93,  indicated  his
effective date of duty at XXXX XXX XX, was on or after 29 Jun  93  but
not later than 21 Jul 93.  His departure date from Andrews  was  2 Jul
93 and, on that date, he was commissioned as a  second  lieutenant  on
active duty.  His total active federal commissioned  date  (TAFCD)  is
reflected as 2 Jul 93. According to the personnel data  system  (PDS),
he was assigned to XXXX XXX XXX, effective 4 Jul 93. He is currently a
captain (date of rank 30 Jun 97) assigned to XXX AFB as a PA.

The date that determines a member’s eligibility for a  20-year  length
of service retirement is the EAD date, or  in  this  case  16 Jun  80.
Therefore, the applicant would qualify for a length of  service  (LOS)
retirement after 30 Jun 00. However, a member needs 10 years on active
duty as an officer in order to retire for LOS in an officer grade,  or
in this case after Jul 03.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Superintendent,  Medical  Accessions  &  Personnel  Programs,  HQ
AFPC/DPAMF2, reviewed this  appeal  and  provided  his  rationale  for
recommending denial.   However,  the  Superintendent  notes  that  the
applicant’s date of separation (DOS) from enlisted  status  should  be
corrected to 1 Jul 93.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 21 Jul 00 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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. After a thorough  review
of the evidence of record and the applicant’s submission, we  are  not
persuaded that  his  TAFCD  should  be  changed  to  29  Jun  93.  His
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force. Perhaps the  applicant  does  not
realize that a member’s EAD date is the “start” point for  calculating
LOS retirement eligibility.  Based on that date alone, he was eligible
to retire on 1 Jul 00. However, if he  wishes  LOS  retirement  in  an
officer grade, he needs 10 years as an  officer  based  on  his  total
active federal commissioned date(2 Jul 93).  Thus,  he  would  not  be
eligible to retire as an officer until  1  Aug  03.   Aside  from  not
demonstrating his  2  Jul  93  TAFCD  is  in  error,  the  applicant’s
correlation between changing his TAFCD by a matter  of  days  and  his
retirement eligibility appears to have no foundation in  injustice  or
personal urgency. In  view  of  the  above,  we  adopt  the  rationale
expressed  in  the  HQ  AFPC/DPAMF2  advisory  opinion  and  find   no
compelling basis for granting the relief sought.  However, as  pointed
out in the evaluation, the applicant’s DOS from enlisted status should
be 1 Jul 93, rather than 2  Jul  93.  This  correction  will  be  made
administratively by the office of primary responsibility.
_________________________________________________________________

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 17 October 2000, under the provisions of AFI  36-
2603:

                  Mr. Benedict A. Kausal IV, Panel Chair
                  Mr. Richard A. Peterson, Member
                  Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Apr 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAMF2, dated 5 Jul 00.
   Exhibit D.  Letter, SAF/MIBR, dated 21 Jul 00.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair


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