RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

            INDEX CODE 102.06 113.00  135.00
IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-03831

            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Total Federal Commissioned Service Date (TFCSD) be  adjusted  from
19 Apr 73 to 22 Feb 78 by allowing him to  resign  his  US  Air  Force
Reserve (USAFR) commission on 30 Jun 79 and reappointing him on  4 May
84, thereby eliminating 4  years,  10  months  and  3  days  from  his
military service history and extending his mandatory  separation  date
(MSD) from 30 Apr 03 to 28 Feb 08.

Or, in the alternative:

Adjust his TFCSD from 19 Apr 73 to 15 Dec 75 by allowing him to resign
his US Air Force commission on 7 Sep 81 and reappointing him on 4  May
84, thereby eliminating 2  years,  7  months  and  26  days  from  his
military service history and extending his MSD [See Exhibit E].

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 27 Nov 02, he was  advised  by  HQ  ARPC  that  his  TFCSD  may  be
incorrectly stated.  While his current TFCSD was established  when  he
was commissioned on 19 Apr 73, it was not readjusted when he reentered
the active Reserves  on  4  May  84  after  almost  5  years  of  non-
affiliation. He understands that his TFCSD should have been  “stopped”
when he resigned  his  commission  on  30  Jun  79  and  “adjusted  or
restarted” when he was re-appointed and re-commissioned on 4  May  84.
Title 10,  USC,  Section  12732(b)(1)  classifies,  as  non-creditable
service, any “Service (other  than  active  service)  in  an  inactive
section of the Organized Reserve Corps or of the Army Reserve,  or  in
an inactive  section  of  the  officers’  section  of  the  Air  Force
Reserves.” According to his military duty history, he was assigned  to
the  inactive  Reserves  from  1  Jul  79  to  3  May  84   inclusive.
Unfortunately,  this  period  of  time  was  incorrectly  included  in
calculating his current TFCSD. His TFCSD  should  be  recalculated  to
include only creditable service time during which  he  was  affiliated
with the US Air Force. This would extend  his  MSD,  allowing  him  to
further participate in the USAFR and provide requested  leadership  to
the contracting career field and Hill AFB.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently an Individual Mobilization Augmentee  (IMA)
serving in the grade of colonel as a contracting officer at Hill  AFB,
UT. He was initially commissioned in the Air Force Reserve on  19  Apr
73 and entered active duty on 15 Jun 73. His TFCSD is currently 19 Apr
73.  He was released from active duty on 30 Jun 79  in  the  grade  of
captain and assigned to the Non-Affiliated Reserve Section  (NARS)  of
the Air Force Reserve Active Status List (ASL) from 1 Jul 79 to 7  Sep
81 and later assigned to the  Inactive  Status  List  Reserve  Section
(ISLRS) from 8 Sep 81 to 3 May 84.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in  the  official  documents  provided  in  the  applicant’s
submission (Exhibit A), in his military records (Exhibit B),  and  the
letters prepared by the appropriate office of the Air  Force  (Exhibit
C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPA indicates the applicant does  not  understand  the  actual
background to the computation of a TFCSD. AFI 36-2604 states that  the
date  includes  “all  periods  of  Federally  recognized  commissioned
service, whether active or non-active duty.”  This includes all  USAFR
service: Reserve Active Status, Reserve Inactive  Status  and  Reserve
Retired Status. An adjustment of the TFCSD is only valid when a member
has a break in commissioned service; therefore,  a  break  would  only
occur when a member  is  involuntarily  discharged  from  his  officer
status or voluntarily resigns his officer status and  the  resignation
is approved, resulting in discharge from military service. There is no
evidence  in  the  applicant’s  military  history  of  an  involuntary
discharge from officer status or that he attempted to resign  his  Air
Force Reserve commission.  The applicant’s commissioned service in the
Air Force Reserve continued after his release from active duty  on  30
Jun 79, contrary to his assertion that he should have been  discharged
from military service on that date. Instead, he was  assigned  to  the
NARS and later to the ISLRS. During these two assignments he was in  a
non-participating status but was still a commissioned officer with the
grade of captain and remained  a  potential  mobilization  asset.  His
reference to Title 10, USC Annotated,  Section  12732(b)(1)  does  not
apply to the  computation  of  TFCSD  because  this  section  is  only
concerned
with the computation  of  years  of  service  as  it  applies  to  the
entitlement of retired pay at age 60. For example, the time  he  spent
in the ISLRS is creditable commissioned service,  but  not  creditable
service that can be applied to his eligibility for retired pay at  age
60. This section of Title 10 cannot be used  to  support  a  break  in
commissioned service. Unfortunately the applicant  does  not  identify
the office or the individual personnel technician he  talked  with  at
this headquarters on 27 Nov 02. The Personnel Support  Division,  Data
Verification Branch (DPAFV) has no record of counseling this member on
these matters and DPAFV is the office of  primary  responsibility  for
the computation of the TFCSD.  The  applicant  has  not  supplied  any
evidence that he attempted to resign his USAFR commission  during  his
assignments to non-participating  status  at  HQ  ARPC.   They  cannot
recommend the deletion or manipulation of his  valid  service  history
solely to achieve an extension of his MSD.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts he thought he created a break  in  his  military
service on 30 Jun 79 when he left  active  duty.  His  intent  was  to
resign his commission. He was not properly advised during  his  active
duty out-processing. He unknowingly followed  incorrect  instructions.
His intent to have no association with the Air Force or the  USAFR  is
supported by his non-participation from 1 Jul 79 to 3 May 84. He’s not
solely trying to extend his MSD as implied by the advisory;  he  wants
his records correctly stated. In Nov 02, during  discussions  with  [a
named individual] at ARPC/DPBS, he concluded that his TFCSD  might  be
incorrectly calculated due to the way  in  which  his  departure  from
active duty occurred. He was never advised to visit ARPC/DPA.  He  had
presumed his actions in Jun 79 were adequate to resign his commission;
23 years later he learned that he was  incorrectly  counseled.  He  is
unsure what supporting documentation ARPC is referring to or  wanting.
He alleges he has subsequently learned from  ARPC  personnel  that  he
should have had a second opportunity to resign his commission on 7 Sep
81 when he was transferred from the NARS to the ISLRS.  He  was  never
advised of this opportunity  at  that  time.  He  offers  this  as  an
alternative remedy, which would adjust his  TFCSD  to  15 Dec  75.  He
claims ARPC  personnel  advised  him  that  if  his  resignation  were
accepted on 7 Sep 81, most of the adjustments indicated  as  necessary
in  the  advisory  would  not  be  required.  He   would   find   this
recommendation equitable and fair.

He submits supporting statements from a major general at Ogden AFB and
a colonel at Hill AFB who attest to the Air Force  Reserve’s  critical
need for contracting officers of the applicant’s caliber.

A complete copy of applicant’s responses,  with  attachments,  are  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 error or injustice. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that his TFCSD should be changed to either  suggested  date.
The applicant’s 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.  His  request  and
authorization for separation clearly indicates he  was  released,  not
discharged, from extended active duty. His Request  and  Authorization
for Reserve Orders, dated 8 Sep  81,  addressing  him  as  a  captain,
USAFR, indicated he was relieved from the NARS and transferred to  the
ISLRS. This document also indicated he was  precluded  from  promotion
consideration and point gaining activities  for  retirement/retention.
Further, he apparently was  sent  point  credit  summaries  each  year
indicating that from 8 Sep 81-3 May 83  he  was  in  the  ISLRS  (non-
creditable service periods). The applicant was  still  a  commissioned
officer in a non-participating status when assigned to  the  NARS  and
the ISLRS, and the section of the law he cites  does  not  apply.  The
applicant has not established to our satisfaction that he did not know
the status he was in before Nov 02 as claimed,  that  he  sustained  a
break in commissioned service, or  that  he  intended  to  resign  his
commission in 1979 or 1981. Further, he had a  continuous  opportunity
to resign his commission during the time he was in the  NARS  and  the
ISLRS. The applicant’s submission does not support his assertion  that
his TFCSD is incorrect or that he is the victim  of  an  error  or  an
injustice. In view of the above and absent persuasive evidence to  the
contrary, 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 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 3 April 2003 under the provisions of AFI 36-2603:

                 Mr. Jackson A. Hauslein, Jr., Panel Chair
                 Ms. Marcia Jane Bachman, Member
                 Mr. Christopher Carey, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2002-03831 was considered:
w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPA, dated 19 Dec 02.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
   Exhibit E.  Letters, Applicant, dated 8 Jan & 17 Mar 03,
                 w/atchs.




                                   JACKSON A. HAUSLEIN, JR.
                                   Panel Chair