RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00089


            INDEX CODE:  110.01


            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Board direct a special review board  (SRB)  or  special  selection
board (SSB) to reconsider him  for  a  two-year  continuation  of  his
mandatory separation date (MSD).

In his 18 Apr 02 response to  the  advisory  opinion,  applicant  also
requested that his MSD be recomputed without counting his  time  as  a
chief warrant officer.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Reserve Personnel Center (ARPC) erroneously computed his  MSD.
He was treated unfairly in the computation of his MSD by counting some
of his warrant officer time, which is contrary  to  Title  10, U.S.C.,
Sec. 14706, resulting in him not receiving fair consideration  by  the
continuation board.  The injustice was a result of his active duty  US
Marine  Corps  (USMC)  and  Army   National   Guard   (ARNG)   officer
fitness/evaluation reports not being included in the records  reviewed
by the Board.

On or about 9 Sep 01, he was informed by his  unit  personnel  officer
that, in Jan 98, his mandatory separation date (MSD)  was  changed  or
established by the Air National Guard Readiness  Center  (ANGRC/MPPSO)
to 1 Nov 01.  She suggested that he go through the ANG Judge  Advocate
(JA) to see if the change was correct, and if  it  was  correct,  were
there any provisions for a waiver.

He explained to ARPC/JA that his Army National Guard  warrant  officer
time was being counted as a part  of  his  28  years  of  commissioned
service.  On 4 Oct 01, he received a copy of an email which  explained
that his warrant officer time from Nov 77 thru Feb 82 was not included
in the calculation of his 28 years of service,  but  the  time  served
from Oct 86 thru Jan 92 was included.

The  bottom-line  question  was  whether  he  completed  28  years  of
commissioned service, and must he be removed from the  reserve  active
status  list  (RASL).   He  explained  that  10  USC  14706   entitled
“Computation of Total Years of Service,” specifically provides that  a
reserve  officer’s  years  of  service  includes  all  service  as   a
commissioned officer “(other than  service  as  a  warrant  officer).”
Regardless of how his total federal commissioned service date  (TFCSD)
is calculated, if his warrant officer time does not count, he only has
approximately 25 years of commissioned service, not 28.

While ARPC was reviewing the computation  of  his  MSD,  the  Adjutant
General for New Mexico (TAG-NM) submitted a  request  for  a  two-year
extension to his MSD.

Upon further consultation with his  chain  of  command,  he  contacted
ARPC.  They informed him that he did not receive fair consideration by
the Board because he was missing some Marine Corps  and  ARNG  fitness
and evaluation reports which had not been included in his records that
had been reviewed by the Board.  Based  on  this  information,  he  is
requesting that upon receipt of his fitness and evaluation reports  he
be considered by a special review board (SRB) or a  special  selective
retention board (SSRB).

In support  of  the  applicant’s  appeal,  he  submitted  a  notarized
personal statement.  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The available records reflect that the applicant is currently  serving
as a lieutenant colonel in the New Mexico Air National Guard.  He  has
an established MSD of 1 Sep 01.

The applicant’s total federal commissioned service date (TFCSD) is  27
Aug 73, with a pay date of 9 May 69;  his  total  years  service  date
(TYSD) is 24 Jan 78.  As of 19 Apr 02, he had 29 years, 1 month and 10
days of satisfactory service towards retirement.

ARPC Form 0-178, Service Date Computation Worksheet (DOPMA),  reflects
that the applicant was credited with 18 years, 4 months and 27 days of
total prior service at the time he  entered  the  Air  National  Guard
(ANG) on 24 Jan 92.  He served  in  the  United  States  Marine  Corps
(USMC)/USMC Reserve from 9 May 69 to 31 Oct 77, and was credited  with
8 years, 5 months and 22 days of service.  From 1 Nov 77 to 18 Feb 82,
he served as a non-commissioned chief warrant  officer  (CW2)  in  the
Army National Guard (ARNG); however, this period of  service  was  not
creditable toward his TFSCD.   During  the  period  19  Feb  82  to 30
Sep 86, he served as a commissioned officer (captain) in the ARNG  and
was credited with 4 years, 7 months and  12  days  of  service.   From
1 Oct 86 to 23 Jan 92, he  served  as  a  commissioned  chief  warrant
officer (CW2) in the ARNG and was credited with 5 years, 3 months  and
23 days of service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed the application  and  recommended  denial.   They
gave the following analysis of the case:

      a.  The applicant contends that HQ ARPC acted contrary to 10 USC
14706 (Computation of years of Service)  in  the  computation  of  his
years of service.  This section states, “…a reserve officer’s years of
service include all service, other than constructive service,  of  the
officer as a commissioned officer of any uniformed service (other than
service as a warrant officer).”  The applicant believes  that  use  of
the time as a warrant officer should not count when computing time for
establishing MSD.

      b.  10 USC 101 [Definitions] (b) [Personnel generally] “(1)  the
term ‘officer’ means a commissioned or warrant officer.  (2) The  term
‘commissioned officer’ includes a commissioned warrant  officer.   (3)
The term ‘warrant officer’ means a person who holds  a  commission  or
warrant in a warrant officer  grade.”   Based  on  these  definitions,
Section 14706 allows the use of commissioned warrant officer time, but
disallows  the  use  of  time  spent  as  a  warrant  officer  without
commission.  The applicant was both a commissioned warrant officer and
a warrant officer without commission.

      c.  The applicant’s TFCSD was corrected by 1 month, 21 days, and
adjusted from 18 Oct 73 to 27 Aug 73.  The original TFCSD  established
by an ANG memorandum  dated  26  Dec  91  did  not  account  for  this
commissioned time.  His TYSD was capped at 14 years in accordance with
AFI 36-2005, Appointment in Commissioned Grades  and  Designation  and
Assignment in Professional Categories – Reserve of the Air  Force  and
United States Air Force, Table 2.1, Rule 4, which is  required  to  be
eligible for appointment in the grade of major and remained  the  same
date of 24 Jan 78.

      d.  The applicant’s original MSD of  1  Nov  01  was  originally
computed as 28 years from his TFCSD of  18  Oct  73.   His  TFCSD  was
verified as 27 Aug 73.  Based on his new TFCSD, his MSD was recomputed
as 1 Sep 01, and updated in the master computer file (MILPDS).

      e.  In regard  to  the  missing  performance  reports  from  his
officer Selection Record (OSR), they  determined  applicant  became  a
member of an Air Reserve Component (ANG and/or USAFR)  in  1992.   Due
diligence on his part should have disclosed the missing  documentation
prior to the stated date of discovery (28 Dec  01),  nearly  10  years
after appointment.  Although there was information  missing  from  his
selection record, he only took action to make corrections  after  non-
selection by a continuation board.  His MSD was corrected based on his
recomputed TFCSD and is now 1 Sep 01.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant respectfully disagreed  with  the  analysis  from  ARPC.
Based on the misreading of 10 USC 14706, last year ARPC concluded that
he had 28 years of commissioned service and that his MSD was 1 Nov 01.
 After the filing of his BCMR, based upon the  same  misreading,  ARPC
concluded that his MSD should be 1 Sep  01.   However,  in  accordance
with the exception contained in 14706, he does not have  28  years  of
commissioned service.  Excluding his time as a chief  warrant  officer
(CW2) in the ARNG  he  has  approximately  22  years  of  commissioned
service (5 years on active duty in the USMC, 3 years in  the  inactive
USMCR, 4 years as a captain in the  ARNG  and  10  years  in  the  Air
National Guard (ANG).

He  says  that  the  advisory  opinion  correctly  quotes   from   the
definitional section of 10 USC 101 and then jumps to  the  unsupported
conclusion that 14706 “allows” the use of commissioned warrant officer
time (in computing whether an officer has  28  years  of  commissioned
service), but “disallows” the use of time spent as a  warrant  officer
without commission.  Without analysis, the advisory opinion reads  the
“warrant officer” exception out of 14706, and fails  to  even  mention
10 USC  12241  and  the  history  of  the  distinction   between   the
appointment of warrant officer by warrant and by commission.

Prior to 1985, 10 USC 571 thru 583 and 597 thru 598 (now 10 USC 12241)
provided that reserve warrant officers and chief warrant  officers  of
the Army were to be appointed by warrant.  In 1985,  the  statute  was
amended to provide that appointments in the reserve grade of CWO  (pay
grades  CW2  thru  CW5)  are  to  be  made  by  commission,  but  that
appointments as a reserve warrant officer (pay grade W1) are still  to
be made by warrant.  Consistent with that reading of the Statute, none
of his time as a chief warrant officer in the ARNG should  be  counted
for purposes of computation of whether he has 28 years of service as a
commissioned officer.

In respect to the unfair allegation that he has somehow been  dilatory
in obtaining documentation missing  from  his  records,  when  he  was
transferred to the Air National Guard, he obtained federal recognition
as  a  Major  in  the  ANG  and  designation  as  a  judge   advocate.
Subsequently, his records appeared before a promotion  board  at  ARPC
and in Mar 98, he was promoted to the rank of lieutenant colonel.   He
learned that his extension of his MSD was denied, and that is when  he
started looking into the matter,  and  found  out  that  his  OSR  was
missing performance evaluation reports when reviewed by the Board.  At
no time was he ever told  by  ARPC  that  his  military  records  were
incomplete.

The Adjutant General for the New Mexico ANG submitted a letter on  the
applicant’s behalf.

Applicant’s complete response  to  the  Air  Force  evaluation  is  at
Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ ARPC provided an additional evaluation noting  that  there  initial
advisory contained an inappropriate cite in 10 USC.  They provided the
following analysis:

      a.  The applicant was appointed a Major, ANGUS effective  24 Jan
92.  At that time, he was credited with 18  years,  4 months,  and  27
days of prior commissioned time.

      b.  His TFCSD of 27 Aug 73 was established by  applying  service
credit to  the  date  of  ANGUS  appointment.   At  the  time  of  his
appointment, all officers in the grade of lieutenant colonel and below
were allowed 28 years and 30 days of commissioned service in an active
status.  For the applicant that date was computed as 1 Oct 01.

      c.  The applicant was promoted to Lieutenant  Colonel  effective
14 Jan 98 under the Reserve Officer Personnel Management Act  (ROPMA).
His promotion eligibility was based on service credit and  time  spent
as a major.  Once promoted under ROPMA, his MSD was recomputed,  which
requires removal from the reserve active status  list  (RASL)  on  the
first day of the  month  after  attaining  28  years  of  commissioned
service.

When computing total year service, 10 USC  14706  states  “…a  reserve
officer’s  years  of  service  include   all   service,   other   than
constructive service, of the officer as a commissioned officer of  any
uniformed service (other than service as a warrant officer).”

The  applicant  was  eligible  for  and  met  the  ANGUS  Lt   Colonel
Continuation Board, held 22 Oct 01.  A Lt Colonel  with  28  years  of
service can be continued up to 30 years if selected by a  continuation
board.  The applicant was considered by this board, but  non-selected,
which required him to leave the RASL 1 Sep 01.

An option for the applicant to achieve retention on the RASL would  be
for HQ ARPC to recompute his creditable service without using  any  of
the warrant officer time.  By removing all credit for warrant  officer
time, he would have 13 years, 1 month and 2 days of service credit and
appointment as a captain [more that 7 years but  less  than  14  years
service  credit  (10  USC  8359,  AFR  35-3)].   His  TFCSD  would  be
22 Dec 79, established by applying service credit  to  date  of  ANGUS
appointment.  His promotion service date would be 24 Jan  86  and  his
TYSD would be 24 Jan 85.

They recommend two options: (a)  allow the applicant  to  continue  to
receive the constructive credit as a commissioned warrant officer  and
a commissioned officer and  have  that  applied  to  his  commissioned
service date.  This would leave his original commission intact and his
MSD of 1 Sep 01; or (b)  remove his
commissioned warrant officer time from his service credit computation.
 This would cause reappointment in the grade of captain, correction of
DOR to major, and removal of the MSD.

The complete additional Air Force evaluation, with attachment,  is  at
Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant states that he  is  not  at  all  comfortable  with  the
potential unforeseen  and  unintended  consequences  of  retroactively
revoking his promotion to Lieutenant Colonel.   He  further  disagrees
with the legal analysis provided by ARPC.

First, there are two separate statutes, one concerning his appointment
as a Major in 1992, and the other concerning computation of his  total
years of service as a commissioned officer for purposes  of  his  MSD.
Second, the  statute  authorizing  his  appointment  as  a  Major  was
repealed approximately three years after his appointment to Major,  on
the same day as the enactment of the statute stating that his  service
as a warrant officer should not be counted when computing his years of
service for the purpose of Chapters 1407 and 1409  of  10  USC  14706.
Third, the warrant officer exception in 14706  only  applies  for  the
purposes of chapters 1407 and 1409.  It  does  not  apply  to  chapter
1205, which contains 10 USC 12207, more or less the successor  statute
to 10 USC 8359.

He indicates that ARPC was correct when they counted his  commissioned
warrant officer time for purposes  of  his  appointment  as  a  Major.
However, given the substantive change  in  the  relevant  statutes  in
1994, and given the clear language contained in 10 USC 101(b)  and  10
USC 14706, ARPC is not correct in counting  his  commissioned  warrant
officer time for purposes of computing his MSD.  HQ ARPC’s reading  of
the relevant statutes makes exception in 14706 unnecessary,  and  does
not make sense.

He concluded his response that the Board  should  direct  HQ  ARPC  to
recompute his MSD without counting his time as a commissioned  warrant
officer.  At the same time they should be directed  not  to  recompute
his prior commissioned service for purposes of his  appointment  as  a
Major in the ANG in 1992, and they should be directed  not  to  revoke
his promotion to Lieutenant Colonel and upon receipt of his  USMC  and
ARNG officer fitness and evaluation reports should convene an  SRB  or
SSRB to reconsider him for a two-year continuation of his MSD.

Applicant’s complete response to the additional Air  Force  evaluation
is at Exhibit H.

_________________________________________________________________



ADDITIONAL AIR FORCE EVALUATION:

HQ USAF/JAG reviewed the application with respect to how many years of
total commissioned service the applicant has served, as computed under
10 USC 14706.  Section 14706(a)(1),  Computation  of  total  years  of
service, provides, “(a) For the purpose of this  chapter  and  chapter
1407 of this title, a Reserve officer’s years of service  include  all
service of the officer  as  a  commissioned  officer  of  a  uniformed
service other than the following: (1) Service as a  warrant  officer.”
The issue is whether applicant’s service  as  a  commissioned  warrant
officer should be counted in computing the applicant’s MSD.  If it is,
then applicant  passed  his  MSD  on  1 Oct 01  and  he  was  properly
separated for years of service.  If such service is not included, then
the applicant’s MSD should be 1 May 07 and he  should  not  have  been
separated for years of service.

Prior to 1986, 10 USC 555 provided that warrant officers of the  Naval
services were commissioned; however, warrant officers of the Army  and
Air Force were appointed by warrant.  Public Law 99-145 equalized  the
treatment of warrant officers of  all  of  the  services  by  offering
commissions to all warrant officers, which was the intent of Congress.


HQ ARPC/DPB’s interpretation of Section 14706 is based upon  1991  and
1993 policy letters.  These policy  letters  were  based  in  part  on
provisions of the 1986 changes to law, which have since been  repealed
by ROPMA.  The policy guidance followed by HQ  ARPC/DPB  distinguishes
between commissioned and noncommissioned warrant officer service,  and
includes commissioned warrant officer service in computing total years
of commissioned service, but excludes non-commissioned warrant officer
service.   Consequently,  applicant’s  5 years  and  4  months  as   a
commissioned warrant officer were included in his MSD, whereas  his  4
years and 4 months as a non-commissioned warrant officer were not.

While  the  policy  guidance  in  the   letters   was   a   reasonable
interpretation of the law, as it then existed, the  statutory  changes
imposed by ROPMA in this area are  explicit  and  leave  no  room  for
interpretation.   Section  14706  now  clearly  excludes  all  warrant
officer service.  Title 10  defines  the  term  “warrant  officer”  in
section 101 as “…a person who holds  a  commission  or  warrant  in  a
warrant officer grade.”  Thus,  all  service  as  a  warrant  officer,
whether commissioned or not, is excluded when computing total years of
commissioned service for purposes of establishing a Reserve  officer’s
MSD.

The Committee Report on ROPMA made it even clearer.  In their  report,
they explained, “Section 14706 of title 10,  United  States  Code,  as
would be added by the bill, would provide a  uniform  method  for  the
computation of the  total  years  of  service.   For  the  purpose  of
chapters 1407 and 1409 of title  10,  a  reserve  officer’s  years  of
commissioned service would include  all  commissioned  service,  other
than constructive service or service as a commissioned warrant  office
[sic],  performed  by  an  officer  in  any  of  the  seven  uniformed
services.”  ROPMA, Report of the Committee on Armed Services House  of
Representatives on H.R. 4481, September 23, 1992.

They also noted that the Air Force practice of including  commissioned
warrant officer service  in  computing  entry  grade  credit  upon  an
original appointment as a reserve officer appears to be in error.   10
USC 12207(a)(1) provides, “For the purpose of  determining  the  grade
and  the  rank  within  grade  of  a  person  receiving  an   original
appointment  as  a  Reserve  commissioned  officer   (other   than   a
commissioned warrant officer) in the Army, Navy, Air Force, or  Marine
Corps, the person shall be credited at the  time  of  the  appointment
with any commissioned service (other than service  as  a  commissioned
warrant officer) performed before such appointment….”   This  is  also
reflected in DODD 1312.3, Service Credit for Commissioned Officers and
DODD 1310.1, Rank and Seniority of Commissioned Officers.

Since this provision of law did not change with ROPMA, it appears that
the applicant  was  erroneously  given  entry  grade  credit  for  his
commissioned warrant officer service upon his appointment as a Reserve
officer.  If so, then applicant was appointed in the grade  of  major,
when in fact he should have been appointed in the  grade  of  captain.
As pointed out by HQ  ARPC/DPB,  this  enabled  the  applicant  to  be
considered for promotion to lieutenant colonel much  earlier  than  he
otherwise would have been.

The clarification  contained  in  the  ROPMA  provisions  provided  no
grandfather  clause;  therefore,  even  if  you  assume  our  original
computation of applicant’s MSD under ROPMA was correct, his  MSD  must
now be recomputed in accordance with section 14706.  Thus,  applicant,
as well as all Air  Force  members  with  prior  commissioned  warrant
officer service, who may have had such service incorrectly included in
their MSD, should have their MSDs recomputed without the  commissioned
warrant officer service.

The complete Air Force evaluation is at Exhibit I.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the HQ USAF/JAG opinion and agreed with  almost
everything.  He particularly agreed that  all  service  as  a  warrant
officer,  whether  commissioned  or  not,  should  be  excluded   when
computing  total  years  of  commissioned  service  for  purposes   of
establishing  a  Reserve  officer’s  MSD.   However,  he  respectfully
disagreed with the conclusion that he was erroneously appointed in the
grade of Major.

In looking at the three years he spent in law  school  (but  excluding
the years spent as a warrant officer in the ARNG) he was  entitled  to
approximately 16 years of commissioned serviced  credit  when  he  was
appointed as a Major in the ANG in 1992,  therefore,  his  appointment
was not erroneous.

He states in good faith he relied on the Air  Force’s  computation  of
his commissioned service credit in 1992 and accepted  his  appointment
as a Major and subsequent promotion  to  lieutenant  colonel.  He  has
served his country faithfully and honorably during two wars.

He concludes that the Board should direct ARPC to  recompute  his  MSD
without counting any of his warrant officer time, and without counting
any of his service credit for the time that he spent  in  law  school.
On the other hand, while he does not  ask  to  have  his  commissioned
service credit recomputed for the purposes of  his  appointment  as  a
Major in 1992, if they choose to recompute  his  commissioned  service
credit, they should be directed to give him three years of credit  for
the time spent in law school and not attempt to revoke or rescind  his
promotion to lieutenant colonel.

Applicant’s complete response to the additional Air  Force  evaluation
is at Exhibit K.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error  or  injustice.   After  reviewing  the  opinion
obtained from the Chief, General Law Division, it is apparent that the
applicant  was  erroneously  given  entry   grade   credit   for   his
commissioned warrant officer service in 1992.  Based on this erroneous
credit, applicant’s grade at the time of his appointment  in  the  Air
National Guard was in error and he would not have  been  eligible  for
promotion  to  lieutenant  colonel  in  1998.    However,   correcting
applicant’s records by removing the erroneous entry grade credit would
be detrimental, as he would be in debt for pay he received  from  1992
to 2001 and his promotion to lieutenant colonel  would  be  nullified.
Based on the circumstances surrounding this case and noting  that  the
error made by the Air Force was of  no  fault  of  the  applicant,  we
recommend that the applicant’s record be corrected  to  allow  him  to
maintain his pay, promotion and that his mandatory separation date  be
adjusted in accordance with applicable laws and statutes.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  At the time of his appointment in the Air National Guard and
as a Reserve of the Air Force on 24 January  1992,  his  Total  Active
Federal Commissioned Service Date (TAFCSD) was 22 December 1979 rather
than 27 August 1973; his Promotion Service Date (PSD) to the grade  of
Captain was 24 January 1986, and IAW Title  10,  United  States  Code,
Section 14706, his Mandatory Separation Date (MSD) was established  as
1 May 2007 (maximum date based on age 60) rather than 1 October 2001.

      b.  He was promoted  to  the  Reserve  grade  of  major  with  a
Promotion   Service   Date   and   Promotion   Effective    Date    of
25 January 1992.

      c.  He was not  discharged  from  the  Air  National  Guard  and
transferred to the Air Force  Reserve  on  1  October  2001,  but  was
continued in his Air National Guard assignment.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
00089 in Executive Session on 6 February 2003, under the provisions of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Vice Chair
                 Ms. Rita S. Looney, Member
                 Mr. Mike Novel, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 20 Mar 02, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.
     Exhibit E.  Letter, Applicant, dated 18 Apr 02, w/atchs.
     Exhibit F.  Letter, HQ ARPC/DPB, dated 4 Jun 02, w/atchs.
     Exhibit G.  Letter, SAF/MRBR, dated 7 Jun 02.
     Exhibit H.  Letter, Applicant, dated 2 Jul 02.
     Exhibit I.  Letter, HQ USAF/JAG, dated 23 Jul 02.
     Exhibit J.  Letter, AFBCMR, dated 6 Aug 02, w/atchs.
     Exhibit K.  Letter, Applicant, dated 9 Aug 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



AFBCMR 02-00089


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:

            a.  At the time of his appointment in the Air National
Guard and as a Reserve of the Air Force on 24 January 1992, his
Total Active Federal Commissioned Service Date (TAFCSD) was
22 December 1979 rather than 27 August 1973; his Promotion Service
Date (PSD) to the grade of Captain was 24 January 1986, and IAW
Title 10, United States Code, Section 14706, his Mandatory
Separation Date (MSD) was established as 1 May 2007 (maximum date
based on age 60) rather than 1 October 2001.

            b.  He was promoted to the Reserve grade of major with
a Promotion Service Date and Promotion Effective Date of
25 January 1992.

            c.  He was not discharged from the Air National Guard
and transferred to the Air Force Reserve on 1 October 2001, but was
continued in his Air National Guard assignment.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency