RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03440
                                             INDEX CODE:  136.01
      XXXXXXXXXXXXXX                    COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  1 May 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His Mandatory Separation Date (MSD) of 1  June  2007  be  adjusted  by  four
years and 10 months due to a break in service from 14 May 1982  to  24  June
1985.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he was released from active duty, he applied for several positions  but
his applications were rejected due to units’  desires  not  to  retrain  him
from Air Force Specialty Code (AFSC)  K1825G  (MM  Missile  Ops  Instructor)
into another AFSC.

In September 1986, he applied  for  a  Logistics  Plans/Programs  Individual
Mobilization  Augmentee  (IMA)  position  at  McClellan  AFB,  CA,  and  was
accepted based upon his  civilian  occupations  as  a  Systems  Engineer  at
Lockheed Martin.

He has served continuously since then, was recently promoted to the rank  of
Colonel, and adjusting his MSD would allow him to better serve  in  his  new
rank and position.

He believed that the four years and 10 months had not been  charged  to  him
since he was assigned a new Retirement Retention (R/R) Date of 26  September
1986.

In support of his appeal, he submits a Duty  History  Information  Printout,
dated 30 August 2006, and an undated Service History Printout,  showing  his
Total Points Accrued through 25 September 2005.

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

________________________________________________________________




STATEMENT OF FACTS:

Applicant is currently serving in the grade of Colonel as the IMA to the  90
SW/CC at Francis E. Warren AFB, WY.

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 as a Reserve officer on 14 May 1977, and  served  on
active duty as a  Reserve  officer  from  27  November  1977  until  he  was
released on 26 November 1981.  When he was appointed as a  Reserve  officer,
he incurred a six year military service obligation (MSO)  which  expired  on
13 May 1983.  Upon release from active duty, he was assigned  to  the  Ready
Reserve Obligated Reserve Section  (ORS)  to  complete  his  six  year  MSO.
Assignment to the ORS, although a non-participating reserve status,  is  not
a break in service.

Upon expiration  of  his  MSO,  he  was  automatically  transferred  to  the
Nonaffiliated  Reserve  Section  (NARS).  Officers  assigned  to  NARS   are
normally not actively involved in a participating  Reserve  program,  remain
eligible for promotion, and  earn  membership  points.   While  assigned  to
NARS, he earned membership points but did not earn satisfactory service  for
retirement.  Assignment to the NARS, although  a  non-participating  reserve
status, is not a break in service.

Effective 25 June 1985, he was  transferred  to  the  Inactive  Status  List
Reserve Section (ISLRS).  Officers are normally assigned to  ISLRS  if  they
have not resigned their commission, and  are  normally  retained  for  three
years before being discharged.  Although assignment to ISLRS is a  break  in
active  Reserve  status,  and  an  officer’s  date  of  rank   is   adjusted
accordingly, since they are ineligible for promotion  consideration,  it  is
not a break in service.  Upon assignment to an  IMA  position  effective  26
September 1986, his R/R date was changed from 14  May  to  26  September  in
accordance with DoDI 1215.7, which states, in essence, that a  member’s  R/R
date is the date they last attained active Reserve status.

As there has been no break in service since  his  initial  appointment,  his
TFCSD remains 14 May 1977, and his MSD has been established as 1  June  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.  Although applicant had four years, four months, and  12 days  of  non-
participating service, he has had no break  in  service,  and  no  error  or
injustice occurred with his assignment to ISLRS  and  subsequent  change  to
his R/R date.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  19
January 2007, for review and comment within 30 days.  However,  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 error or injustice.   Although  applicant  contends  he  had  a
break in service from May 1982 to June 1985, he was in fact assigned to  the
NARS and ISLRS during this period.  Assignment to the NARS, although a  non-
participating reserve status, is not a break in service, and  assignment  to
the ISLRS, although a  non-participating  reserve  status  and  a  break  in
active reserve status, is also 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 his TFCSD.  In applicant’s case, he has  had  no  break  in
service  since  his  initial  appointment,  at  which  time  his  TFCSD  was
established as 14 May 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-2006-03440
in Executive Session on 8 March 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Teri G. Spoutz, Member
                       Ms. Renee M. Collier, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 11 Jan 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Jan 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair