Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2006-03978
Original file (BC-2006-03978.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03978
            INDEX CODE:  110.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His current Mandatory Separation Date (MSD) of 1 May 2014 be  adjusted
to 30 September 2014 to allow him to reach active duty  sanctuary  and
eventually qualify for a 20-year active duty retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he entered the Active/Guard Reserve (AGR) program, he was led  to
believe he would  be  able  to  obtain  a  full  20-year  active  duty
retirement.  It wasn’t until he  visited  the  Air  Reserve  Personnel
Center (ARPC) that he found out his  MSD  would  occur  prior  to  him
reaching an active duty retirement or sanctuary for such.  While he is
aware that should he be promoted to the grade of colonel prior to  his
MSD, his MSD would be extended by two  years  and  thereby  make  this
request moot, he contends he cannot  rely  on  the  possibility  of  a
promotion to make financial decisions today based  on  a  full  active
duty retirement he may not receive.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and  a  copy  of  his  point  credit  summary  and  his  AGR
application.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his career on 9 May 1978.  He has  been  progressively
promoted to the grade of lieutenant colonel (Lt Col) with  a  date  of
rank (DOR) of 9 June 2003.  As of 10 May 2006, he has almost 10  years
of active duty time.  He has over  28 satisfactory  years  of  service
towards a Reserve retirement at age 60.  He is  currently  serving  on
active duty with the Georgia Air National Guard (GAANG).

_________________________________________________________________



AIR FORCE EVALUATION:

NGB/A1P0F recommends denial.  A1P0F states  his  MSD  was  established
prior to his application for an AGR tour.  As he needs over two  years
of service before actually becoming retirement  eligible,  no  current
statute exists to provide him with an extension to his MSD.

A1P0F’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
July 2007 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the  opinion  and  recommendation  of  the  Air
National  Guard  office  of  primary  responsibility  and  adopt   its
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Therefore, in  the  absence
of evidence to the contrary, we find no compelling 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 AFBCMR Docket Number BC-
2006-03978  in  Executive  Session  on  16  August  2007,  under   the
provisions of AFI 36-2603:


      Ms. B.J. White-Olson, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Dec 06, w/atchs.
    Exhibit B.  Letter, NGB/A1P0F, dated 21 Feb 07.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Jul 07.




                                   B. J. WHITE-OLSON
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-02838

    Original file (BC-2006-02838.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His time in grade (TIG) requirement from 1Lt to Captain was met on 3 August 2006. Therefore, his promotion to captain should be retroactive to that date. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt its rationale as the basis for our...

  • AF | BCMR | CY2007 | BC-2006-03109

    Original file (BC-2006-03109.doc) Auto-classification: Approved

    In fact, due to an administrative error, she continued to serve beyond her MSD of 1 June 2006 and was only separated after the error was discovered. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant disagrees with NGB’s opinions and has provided numerous points of contention along with explanations for each. After a thorough review of the evidence of record and applicant's submission, we can find no documented instance...

  • AF | BCMR | CY2008 | BC-2006-03810

    Original file (BC-2006-03810.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03810 INDEX CODE: 131.05 COUNSEL: NONE HEARING DESIRED: NOT INDICATED MANDATORY CASE COMPLETION DATE: 11 June 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His promotion effective date (PED) and his date of rank (DOR) to the grade of major be changed from 18 October 2006 to 1 May 2006. ...

  • AF | BCMR | CY2007 | BC-2005-02538

    Original file (BC-2005-02538.doc) Auto-classification: Denied

    He questions how his personal medical costs are going to be addressed by the military since no MTF treatment was provided. A Medical Evaluation Board (MEB) was initiated in February, 2006. Not having the opportunity to complete medical treatment or care, an MEB should consider all of his medical diagnoses, conditions and treatments.

  • AF | BCMR | CY2013 | BC-2012-05226

    Original file (BC-2012-05226.txt) Auto-classification: Denied

    The complete NGB/A1PP evaluation is at Exhibit D. NGB/A1PF does not provide a recommendation but states that upon review of the applicant’s debt generated against his Aviator Continuation Pay agreement, they have concluded that, as it currently stands, the debt is valid. Additionally, the applicant has not provided supporting documentation to establish a basis to extend his MSD or show that he was treated in an unjust manner with respect to his promotion and repayment of ACP. ...

  • AF | BCMR | CY2013 | BC-2012-02765

    Original file (BC-2012-02765.txt) Auto-classification: Approved

    The applicant reached his date of eligibility for sanctuary protection under AFI 36-2131 and Title 10 USC 12686; however, a MSD waiver package was not submitted or approved by the ANG; therefore, he was processed for transfer to the Retired Reserve IAW the governing directives and was not improperly and illegally removed from active duty and retired. First, his orders were in fact long-term (greater than 179 days) and that he was in fact eligible to apply for sanctuary protection under 10...

  • AF | BCMR | CY2007 | BC-2005-03145

    Original file (BC-2005-03145.doc) Auto-classification: Denied

    He was told repeatedly during this time that all AGR, Title 10 members were put into “Returned To Duty” status since active duty couldn’t tell the ANG what to do with their people. In support of his appeal, the applicant has provided a personal statement and copies of pertinent medical records, Congressional inquiries, retirement documents, and MEB and IPEB documentation. Applicant’s complete response, with attachments, is at Exhibit...

  • AF | BCMR | CY2007 | BC-2006-01550

    Original file (BC-2006-01550.doc) Auto-classification: Approved

    However, he and his MPF discovered that Air Reserve Personnel Center (ARPC) guidance as outlined in Air Force Instruction (AFI) 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, stipulates that in order to retire as a colonel he would have had to serve on AD status in the grade of colonel for at least three years in order to retire in the grade of colonel. 1370(a) wherein it is stated that officers who retire voluntarily “…must have served...

  • AF | BCMR | CY2001 | 0100151

    Original file (0100151.doc) Auto-classification: Denied

    The applicant was progressively promoted to the Reserve of the Air Force and Air National Guard grade of lieutenant colonel (O-5), with a promotion service date (PSD) of 11 Jan 87 and an effective date of 15 May 87. By ANG Special Order AP-124, dated 5 Jun 98, he was promoted to the Reserve of the Air Force and Air National Guard grade of colonel (O-6), with a PSD and effective date of 30 Jun 96. In the applicant’s case, as a colonel (O-6), he could have served to age 60 or 30 years of...

  • AF | BCMR | CY2008 | BC-2007-00574

    Original file (BC-2007-00574.doc) Auto-classification: Approved

    During the active duty continuation, he was paid BAH II instead of the BAH I that he was entitled to. During the time the AFBCMR continued him on active duty, he received BAH II at the with-dependent rate, Basic Allowance for Subsistence (BAS) and Aviator Career Incentive Pay (ACIP) from 1 October 2004 through 31 January 2006, less any offsets for civilian earnings during that time frame. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The...