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AF | BCMR | CY2000 | 9901175
Original file (9901175.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 99-01175
                 INDEX CODE 129.01
      XXXXXXX          COUNSEL:  None

      XXXXXXX          HEARING DESIRED:  No

APPLICANT REQUESTS THAT:

His Total Active Federal Military Service  Date  (TAFMSD)  be  changed
from 30 June 1981 to 1 July 1981.

APPLICANT CONTENDS THAT:

The extended active duty (EAD)  time  calculation,  per  AFI  36-2604,
between his service dates has given him credit for one more  day  than
he actually should have. The injustice is  that  being  credited  with
this extra day  results  in  his  not  being  eligible  for  promotion
consideration for master sergeant (MSgt) in January-March 2001  [cycle
01E7]. With his current TAFMSD, he reaches his  high  year  of  tenure
(HYT) date on 30 June 2001 and has to retire  on  1  July  2001.  This
makes him ineligible for promotion  consideration.  If  his  EAD  time
between service dates was calculated on  the  amount  of  actual  days
served, his TAFMSD would be 1 July 1981 and he would be  eligible  for
promotion consideration for the 01E7 cycle.

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

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records and AFI 36-2604,  are  contained  in  the
letters prepared by the applicant and the appropriate offices  of  the
Air Force.  Accordingly, there is no need to  recite  these  facts  in
this Record of Proceedings.

AIR FORCE EVALUATION:

The Chief Inquiries/AFBCMR  Section,  HQ  AFPC/DPPPWB,  discusses  the
applicant’s particular circumstances as affected by  AFI  36-2502  and
the impact on his HYT date and promotion eligibility.  [The  “Jun  81”
HYT date cited in the  Discussion  paragraph  of  the  advisory  is  a
typographical error; it should be “Jun 01.”]   The  Chief  defers  any
recommendation regarding the TAFMSD to HQ AFPC/DPPRRA.

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

The Military Personnel Technician, Retirement Operations  Section,  HQ
AFPC/DPPRRA, advises that using the AFI 36-2604 formula of considering
each month as 30 days (a 360-day  calendar),  the  applicant’s  active
duty period equals 167 days rather than  the  166  days  as  shown  as
Retirement Year Ending (RYE) time on the Statement  of  Service  (SOS)
dated 29 December 1998 and changes his TAFMSD as shown on the reissued
SOS to 29 June 1981. Denial is recommended.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant  on
21 June 1999 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

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 to warrant  changing  the
applicant’s TAFMSD.  After a thorough review of the evidence of record
and applicant’s submission, we are not persuaded that he has been  the
victim of either an error or an injustice.  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. Recognizing the ramifications inherent in his  current  TAFMSD,
we nevertheless agree with the recommendations of the  Air  Force  and
adopt the rationale expressed as the basis for our decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  Therefore, we find no compelling  basis  to
recommend granting the relief sought.

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 21 January 2000, under the provisions of AFI  36-
2603:

                  Mr. Benedict A. Kausal IV, Panel Chair
                  Mr. Patrick R. Wheeler, Member
                  Ms. Rita J. Maldonado, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Apr 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 2 Jun 99, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPRRA, dated 25 May 99, w/atchs.
   Exhibit E.  Letter, AFBCMR, dated 21 Jun 99.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair

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