RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02405
            INDEX CODE:  113.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE: 2 Feb 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Mandatory Separation Date (MSD) be extended to 20 March 2012,  20  March
2010, or 24 Jan 2007.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He separated from active duty on 24  Aug  82.   He  does  not  recall  being
briefed that he could have resigned his Reserve commission at the time.   On
13 Jun 88, he was assigned to 67 APS (AFRC) Hill AFB, UT.  His  records  are
incorrect because they do not show a break in service from 25 Aug 82  to  13
Jun 88.  His DD Form 214 states he has no Reserve  obligation  and  that  he
was released from  active  duty,  but  transferred  to  the  "USAFR."   ARPC
records show from 26 Aug 82 to 18 Oct 84, he was in an inactive  status  and
assigned to the Nonaffiliated Reserve Section, and  listed  on  the  Reserve
Active Status List (RASL).  On 19 Oct 84, he was reassigned to the  Inactive
Status List Reserve Section (ISLRS).  According to AFI 36-2115  dated  1997,
the maximum time he could remain assigned  to  ISLRS  was  three  years,  at
which point he should have  been  administratively  discharged  or  told  to
resign his commission.  Neither ever happened.  Therefore,  when  he  joined
67 APS his records incorrectly showed continuous "active  status"  from  his
commissioning in May 1976, with no break in service.

He completed his active duty service commitment on 24 Aug 82.  Since his  DD
Form  214  states  he  was  released  from  active  duty  with  no   Reserve
commitment, his MSD should reflect  20  March  2012.   In  the  alternative,
applicant requests his MSD be changed to reflect 20  March  2010,  based  on
the date he should have been assigned to ISLRS (24 Aug 84) versus  the  date
he was assigned (19 Oct 84).   By  law,  his  combined  active  duty/Reserve
commitment could not extend beyond  eight  years  from  24  Aug  76.   There
should be no question that his MSD should be extended to  at  least  24  Jan
07, based on the fact that pursuant to AFI  36-2115,  he  should  have  been
administratively discharged on 20 Oct 87 but was not.

In support of his  request  applicant  provided  a  personal  statement  and
copies of reserve orders.  His complete submission, with attachments, is  at
Exhibit A.

_________________________________________________________________
STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force 2  Jun
76 and was voluntarily ordered to extended active duty on  24  Aug  76.   He
was progressively promoted to the grade  of  captain,  having  assumed  that
grade effective and with a date of rank  of  24  Aug  80.   On  25  Aug  82,
applicant was released from active duty, with  no  Reserve  Obligation  Term
Date and assigned to the Nonaffiliated Reserve Section (NARS).   On  19  Oct
84, he was  transferred  from  NARS  into  ISLRS  where  he  remained  until
assignment to the 67 APS on 13 Jun 88.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP states Reserve officers generally  remain  assigned  to  ISLRS  for
three years after which time they can  be  screened  for  an  administrative
discharge board, tender their resignation, or transfer  to  a  participating
Reserve program.  Through no fault of his own, he  was  never  afforded  the
opportunity to submit his options.  DPP recommends his records be  corrected
to show a break in service from 20 Oct 87 to 12 Jun  88  (7  months  and  23
days).  His discharge should be effective 20 Oct 87 and  his  Total  Federal
Commissioned Service Date should be changed from 15  May  76  to  8 Jan  77.
His MSD should be changed from 1 Jun 06 to 1 Feb 07.

The DPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23  Sep
05 for review and comment, if desired.  In response  to  an  email  inquiry,
applicant responded that "I  believe  my  records  would  justify  a  longer
extension, as I was not given the opportunity to resign my  commission  when
I separated from active duty.  But, under the circumstances, I  concur  with
the recommendation."



_________________________________________________________________

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.  Applicant requests his MSD  be  changed
to either 20 March 2012; or, in  the  alternative  his  MSD  be  changed  to
either 20 March 2010 or 24 January 2007.  After a  thorough  review  of  the
evidence  of  record  and  taking   into   consideration   the   applicant's
contentions along with the recommendation of the Air Force, it appears  that
an error does  indeed  exist  in  the  applicant's  records.   We  carefully
considered the options presented by the applicant and we agree with the  Air
Force that the appropriate corrective action in this case is to correct  his
MSD to reflect 1 February 2007.  We considered his request for a  change  to
20 March 2012 or 20 March 2010; however,  we  do  not  find  his  assertions
sufficiently persuasive to  override  the  rationale  provided  by  the  Air
Force.  Accordingly, it is our opinion that his records should be  corrected
as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a.  On 20 October 1987, he was relieved from his Reserve assignment
and honorably discharged from all appointments in the United States Air
Force.

      b.  On 13 Jun 88, he was tendered and accepted an appointment in the
Air Force Reserves in the grade of captain.


      c.  His Total Federal Commissioned Service Date (TFCSD) be corrected
to reflect 8 January 1977, rather than 15 May 1976.


      d.  His Mandatory Separation Date (MSD) be corrected to reflect
1 February 2007, rather than 1 June 2006.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-02405
in Executive Session on 25 Oct 05, under the provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. LeLoy W. Cottrell, Member

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

     Exhibit A.  DD Form 149, dated 27 Jul 05, w/atchs.
     Exhibit B.  Letter, ARPC/DPP, dated 15 Sep 05, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 23 Sep 05.
     Exhibit D.  Email Communiqué, dated 5 Oct 05.



                                  JOHN B. HENNESSEY
                                  Panel Chair
AFBCMR BC-2005-02405




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.  On 20 October 1987, he was relieved from his Reserve
assignment and honorably discharged from all appointments in the United
States Air Force.

            b.  On 13 Jun 88, he was tendered and accepted an appointment
in the Air Force Reserves in the grade of captain.


            c.  His Total Federal Commissioned Service Date (TFCSD) be
corrected to reflect 8 January 1977, rather than 15 May 1976.


            d.  His Mandatory Separation Date (MSD) be corrected to reflect
1 February 2007, rather than 1 June 2006.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency