RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03439
                                             INDEX CODE:  113.01
      XXXXXXXXXXXXXXX                   COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  24 APR 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His Mandatory Separation Date (MSD) of 1 July 2007 be extended  four  months
to 1 November 2007 as a result of a break in service from  15 November  1982
to 1 February 1983.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he resigned his regular commission in October 1982, he was  briefed  he
would be entering inactive status and would have a break  in  service.   His
Retirement Retention Date (R/R) and other important dates were  to  coincide
with whatever date he would reenter the reserve forces.

He has served continuously  in  the  reserve  forces  from  his  first  Unit
Training Assembly (UTA) on 12 February 1983 until present – a  total  of  11
years in the Air National Guard  (ANG),  and  12 years  in  the  AF  Reserve
(USAFR).

His R/R date continued to reflect the date on which he ended  his  break  in
service  and  exited  inactive  duty  (February  1983)  for  several  years.
Perhaps more  importantly,  it  accurately  reflects  under  “NON-CREDITABLE
SERVICE PERIODS” the word “CIVILIAN” from 1982/83.

If his MSD is not  adjusted,  he  will  be  denied  the  opportunity  to  be
considered  by  the  2007  Brigadier  General  Promotion  Board  which,   he
understands, will likely require an  MSD  of  mid-October  2007,  or  later.
Additionally, he is awaiting the  results  of  the  2006  Brigadier  General
Promotion Board.

In support of his appeal, he submits an undated personal statement,  a  copy
of  a  Report  on  Individual  Person  (RIP)  prepared  5  April  1983,  and
highlighted to show a R/R date of  1 February,  an  ANG/USAFR  Point  Credit
Summary Statement of Points  Earned  (PCARS)  prepared  6  April  1984,  and
highlighted to show an Inactive Duty  Training  (IDT)  Period  performed  on
13 February 1983, a PCARS Statement prepared 5 April 1989,  and  highlighted
to show the period from 16 November  1982  to  31 January  1983  as  a  non-
creditable period of service as a civilian and a from  date  of  1  February
for R/R years 1983 through  1988,  and  a  memorandum  from  ARPC/DPP  dated
21 September 2006, highlighted  to  show  his   notification  that  his  MSD
expires on 1 July 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving in  the  grade  of  colonel  and  occupies  a
general officer position as the Mobilization Assistant to the Director,  Air
and Space Operations, AFSPC.

A member’s Mandatory Separation Date (MSD) is established from  their  Total
Federal  Commissioned  Service  Date  (TFCSD)  in  accordance   with   Title
10, United States Code (USC), Section 14507, which requires that a  Line-of-
the Air Force colonel, not selected for promotion to the grade of  brigadier
general, be separated not later than the first day of  the  month  following
completion of 30-years commissioned service.

Applicant was appointed in the Regular Air Force  (REGAF)  on  1 June  1977.
When he was appointed in the REGAF, he incurred a six-year military  service
obligation (MSO) which expired on  31 May  1983.   Upon  completion  of  his
Active Duty Service Commitment (ADSC), he was  voluntarily  discharged  from
the REGAF on 15 November  1982.   He  was  reappointed  into  the  USAFR  on
15 November 1982, and  assigned  to  the  Ready  Reserve  Obligated  Reserve
Section (ORS) on 16 November  1982,  where  he  would  have  remained  until
completion of his 6-year MSO on 31 May 1983, at which  time  he  would  have
been discharged.   Assignment  to  the  ORS,  although  a  non-participating
reserve status, is not a break in service.  Prior to expiration of his  MSO,
he was appointed into the ANG on 1 February 1983, where  he  remained  until
15 June 1994, when he was discharged from the  ANG  and  transferred  to  an
Individual Mobilization Augmentee (IMA) position in the  USAFR  on  15  June
1994.

As there has been no break in service since his initial  REGAF  appointment,
his TFCSD remains 1 June 1977, and his MSD has been established  as  1  July
2007 IAW the requirements of 10 USC.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial as there are no provisions in law to  extend  his
MSD.

Applicant received a  PCARS  statement  in  March  1989,  which  erroneously
showed a civilian break in service from 16 November 1982 through 31  January
1983.  This was corrected via a record audit in July  1989.   Another  PCARS
statement was produced in January 1990 showing the changes  to  his  record,
one of which was to change his R/R date to 16 November as this was the  date
he last attained active reserve status.  The R/R date used to calculate  his
satisfactory service has been 16 November since 1990.

The ARPC/DPP evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He wishes to clarify two pertinent facts.  He referenced  paragraph  “e”  of
their advisory, and points out that it states that “The member’s record  was
audited in July 1989 and his service  was  changed  to  reflect  his  active
service in the USAFR.”  He was, in fact, a member of the ANG  from  February
1983 through June 1994, the attachments to  the  ARPC/DPP  advisory  reflect
this and are accurate, and the above statement is erroneous.

Paragraph “d” of their advisory states “The member received an AF Form  526,
ANG/USAFR Point  Credit  Summary,  in  March  1989,  erroneously  listing  a
civilian break in service from 16 November 1982  through  31 January  1983.”
Although this statement is true, he is concerned it may  be  interpreted  as
indicating a one-time error in his records was made in March 1989  when,  in
fact, his  R/R  Date  and  MSD  were  miscalculated  when  he  resigned  his
commission as a junior captain in  October  1982.   He  alleges  this  error
persisted for most of his service in the ANG,  and  gave  him  an  erroneous
impression of being able to serve a few additional months due to a break  in
service.  Additionally, this miscalculation closely matched the  information
he was given during his out-briefing from  active  duty,  in  which  he  was
assured of a break in service of approximately four months.

Throughout the years, and until he received the  ARPC/DPP  memorandum  dated
21 September 2006, notifying him that his MSD  was  1  July  2007,  he  made
career plans in good faith, based on the information supplied to him by  the
AF from two sources.  His career has been essentially shortened as a  result
of this action and he is now required to retire on 1 July  2007  unless  his
MSD is corrected to extend it from 1 July 2007 to 1 November 2007.

Applicant’s response is at Exhibit D.

________________________________________________________________

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.   Although  applicant  contends  he  had  a
break in service from November 1982  to  February  1983,  he  was,  in  fact
assigned to the ORS during this period, which, although a  non-participating
reserve status, is not a break in service.  Further, adjustment of  his  R/R
Date had no effect on his MSD since an officer’s  MSD  is  established  from
their TFCSD.  In applicant’s case, he has had no break in service since  his
initial REGAF appointment, at which time his  TFCSD  was  established  as  1
July 1977.  In view  of  this,  and  in  the  absence  of  evidence  to  the
contrary, we find no reasonable  basis  to  recommend  granting  the  relief
sought in this application.

________________________________________________________________

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  Docket  Number  BC-2006-03439
in Executive Session on 6 February 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Mr. Joseph D. Yount, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 28 Nov 06.
    Exhibit D.  Letter, Applicant, dated 19 Jan 07.
    Exhibit E.  Letter, SAF/MRBR, dated 12 Jan 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair