RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01249
            INDEX CODE: 135.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  26 OCT 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His  AF  Form  938,  Request  and  Authorization  for  Active  Duty
Training/Active  Duty  Tour,  (Reserve  Order  0023),  27  Sep  04,
Item 14, be amended to read 1 Oct 04 rather than 4 Oct 04.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Because of a three-day break in service, from 1 – 3 Oct 04, he lost
over three and a half years of medical benefits under  the  Tricare
Reserve Select Program.

Applicant served on active duty continuously from 22 Jan 02 through
30 Sep 04, assigned in different intelligence related positions  at
the major-command level and the Defense Intelligence Agency  (DIA).
On 4 Oct 04, he started a new extended active duty (EAD)  tour  and
served until his separation on 7 Jul 05.  His tours consisted of  a
combination of  an  involuntary  Presidential  Recall  as  well  as
voluntary military personnel appropriation (MPA) man-day  tours  on
EAD.  Congress passed legislation  allowing  military  members  who
were on extended active  duty  after  9/11  to  have  free  medical
benefits under the  Tricare  Reserve  Select  Program,  upon  their
separation  from  extended  active  duty.   After  the  applicant’s
separation on 7 Jul 05, he  was  advised  that  he  would  only  be
eligible for six months of Extended Tricare benefits;  however,  if
he had not had the three-day break in service, he would  have  been
eligible for two and a half years  of  Extended  Tricare  coverage.
Since his six months of Extended Tricare coverage expired,  he  has
expended over $3500 in Tricare Reserve coverage,  which  he  should
have received for free.

As a veteran of the Vietnam  Era,  Desert  Shield/Storm  and  Iraqi
Freedom, he feels he has supported his country on a voluntary basis
far beyond most citizens and will continue to support  his  country
and the Air Force until his retirement in November  of  this  year.
He has responded to the call and would have it no other  way,  then
or now.

In support of his appeal, applicant submitted a personal statement;
copies of his Reserve Orders, with  amendments;  his  congressional
response to his member of congress, and other supporting documents.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant is an individual mobilization Augmentee (IMA) assigned to
Defense Intelligence Agency (DIA).  His  is  currently  serving  in
AFSC 1N000, with a Duty  Title  of  Intelligence  Applications  and
Exploitation Chief Enlisted Manager (CEM).

Applicant has a paydate of 21  Aug  90.   He  contracted  his  most
recent enlistment on 20 Feb 01 for a period of six years.   He  was
promoted to the rank of Chief Master Sergeant with a date  of  rank
(DOR) of 1 Mar 04.  Applicant current expiration  term  of  service
(ETS) is 29 Nov 07.  His has been credited with 23 years, 10 months
and 1 day of satisfactory federal service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/A1B  reviewed  this  application  and  recommended  denial,
stating, in part, they could not recommend recovery of  the  3  MPA
days at their level  of  command  when  all  orders  were  executed
properly and the member did not meet the TRS application  suspense.
After  their  investigation  and  through  coordination  with   the
Readiness Management Group (RMG), they discovered the following:

            a.  The MPA orders published by DIA were  prepared  and
executed in accordance  with  AFI  36-2619,  MPA  Man-day  Program,
supporting the needs of the Air Force.
            b.  Based on mission requirements, DIA published a  new
set orders effective 4  Oct  04.   His  previous  orders  completed
30 Sep 04; coinciding with the end of the fiscal year.
            c.  Applicant failed to enter into a service  agreement
and elect TRS prior to leaving active  duty  therefore  eliminating
his entitlement.

HQ AFRC/A1B’s complete 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 20 Jun 07 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  The Board  noted  the  orders
were published and executed in accordance with AFI 36-2619, MPA Man-
day Program, based on the needs of the Air Force and the supporting
agencies  requirements.   The  applicant’s  previous  orders  ended
30 Sep 04 to coincide with the end of the fiscal year.   The  Board
noted that applicant’s  previous  and  subsequent  orders  were  in
support of  Operation  ENDURING/IRAQI  FREEDOM.   While  we  cannot
determine with any  certainty  the  circumstances  surrounding  the
start date of the applicant’s EAD orders, we believe the  applicant
applied reasonable diligence  in  trying  to  resolve  this  matter
beforehand.  Therefore, having no reason to question the  facts  as
stated by the letter of support on the applicant’s  behalf,  we  do
not believe the applicant should be penalized for events that  were
beyond his control.   Accordingly,  we  recommend  the  applicant’s
orders be amended to reflect a start date of 1 Oct 04.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that the AF  Form  938,
Request and Authorization for  Active  Training/Active  Duty  Tour,
Reserve  Order  No.  RO-0023,  dated  27  September  04,  Item  14,
Reporting Data, be amended  to  read  1 October  2004  rather  than
4 October 2004.

___________________________________________________________________
The following members of the Board considered AFBCMR Docket  Number
BC-2007-01249 in Executive Session on 30  August  2007,  under  the
provisions of AFI 36-2603:

      Mr. Jay H. Jordan, Panel Chair
      Mr. James L. Sommer, Member
      Mr. Steven A. Cantrell, Member

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

     Exhibit A.  DD Form 149, dated 27 Feb 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFRC/A1B, dated 18 Jun 07.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.




                                   JAY H. JORDAN
                                   Panel Chair



AFBCMR BC-2007-01249




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 XXXXXXX, XXXXXXX, be corrected to show  that  the
AF  Form  938,  Request   and   Authorization   for   Active   Duty
Training/Active Duty Tour, Reserve Order No. RO-0023, dated 27  Sep
04, Item 14, Reporting Data, be  amended  to  read  1 October  2004
rather than 4 October 2004.








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency