RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01754
                                        INDEX CODE:  128.14

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 December 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His date of separation  (DOS)  under  the  Fiscal  Year  2007  (FY07)  Force
Shaping Program should be changed from 1 May 2007  to  18 April  2007,  with
entitlement to Voluntary Separation Pay (VSP).

________________________________________________________________

APPLICANT CONTENDS THAT:

Although the Air Force  Personnel  Center  (AFPC)  originally  approved  his
request to separate under the FY07 Force Shaping Program on 18  April  2007,
with entitlement to VSP, his  Military  Personnel  Flight  (MPF)  mistakenly
issued separation orders with a 1 May 2007 DOS.  Since the 1  May  2007  DOS
places him over the exactly 12 years of service requirement for VSP,  he  is
not eligible for the VSP.

He realizes that he will need to repay the active duty pay he received  from
19 April 2007 to 1 May 2007 and is willing to do so in order to qualify  for
the VSP.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant’s Total Active Federal Military Service Date (TAFMSD) is 19  April
1995.

Under the FY07  Force  Shaping  Program,  officers  in  selected  Air  Force
specialties and year groups with more than six (6) and no more than  exactly
12 years of completed service as of their requested DOS  were  eligible  for
VSP.  In addition,  officers  must  have  served  at  least  five  years  of
continuous active duty service immediately preceding the  actual  DOS.   VSP
recipients are paid two times the standard rate  of  involuntary  separation
pay in a lump-sum payment upon separation, i.e., 20 percent of twelve  times
the amount of monthly basic pay to which the  officer  is  entitled  at  the
time of separation, times the years  and  full  months  of  active  military
service computed from their TAFMSD.  Each  full  month  of  active  military
service that is in addition to the number of full years of  active  military
service is counted as one-twelfth of a year.

On 9 January 2007, applicant voluntarily submitted an AF  IMT  780,  Officer
Separation Actions, requesting to separate  under  the  FY07  Force  Shaping
Program, effective  1  May  2007.   In  a  letter,  dated  19 January  2007,
applicant advised  AFPC  that  he  inadvertently  submitted  his  separation
request with a DOS of 1 May 2007,  rather  than  1  April  2007,  which  was
indorsed by his commander.

On 1 May 2007, applicant was honorably  discharged  from  all  appointments.
He was not eligible to receive VSP since he completed 12 years and  13  days
of active duty service.

When members surpass 12 years of active service, their monthly basic pay  is
increased.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the applicant’s records be corrected to show  that  he
was released from active duty  effective  18  April  2007  and  that  he  is
entitled to receive VSP based on 12 years  of  active  service.   AFPC/DPPRS
notes, in part, that due  to  no  fault  of  the  applicant,  they  and  the
servicing Military Personnel Flight(MPF) overlooked his request  for  the  1
May 2007 DOS.  Based on the 1 May 2007 DOS he served on active  duty  for  a
period of 12 years and  13  days,  rendering  him  ineligible  for  the  VSP
benefit.  Applicant’s case should not  be  looked  at  as  an  exception  to
policy and should there be any future cases, they should be  reviewed  on  a
case-by-case basis.

The AFPC/DPPRS evaluation, with attachments, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation, with attachments, was  forwarded  to  the
applicant on  27  July  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or  injustice  warranting  corrective  action.   In  this
respect, we note the applicant voluntarily applied for separation under  the
FY07 Force Shaping Program - VSP on 9 January 2007 and requested a DOS of  1
May 2007.  However, ten days after  submitting  his  separation  request  he
realized that his originally requested DOS would  render  him  eligible  for
VSP since he would have completed over 12 years  of  active  service  as  of
that date, and requested a DOS of 1 April 2007.  Despite this, and the  fact
that he would have completed 12 years and 13 days upon the 1 May  2007  DOS,
AFPC approved his separation and his serving MPF issued  orders  discharging
him on that date.  As a result, he did not receive VSP.  We also  note  that
although the FY07 Force Shaping Program defined eligible officers  as  those
with more than (six) 6 years and no more than exactly  12  years  of  active
duty service, the law (10 USC 1775a) provides VSP entitlement  for  officers
with more than (six) 6 years but not more  than  20  years  of  active  duty
service.  In view of the above, and since through no fault of the  applicant
he was approved for separation under the FY07 Force Shaping  Program  -  VSP
with a DOS that would render  him  ineligible  for  VSP,  we  recommend  his
records be corrected to the extent indicated  below.   In  arriving  at  our
decision, we are keenly aware that the  courts  have  held  that  correction
boards have an abiding moral sanction to  determine,  insofar  as  possible,
the true nature of an alleged injustice and take  steps  to  grant  thorough
and fitting relief.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 1 May 2007, he was not  honorably
discharged from all appointments, but on that  date  he  was  released  from
active duty and transferred to the Air Force Reserve, under the Fiscal  Year
2007 Force Shaping Program, with entitlement  to  Voluntary  Separation  Pay
based on 12 years and 13 days of total active duty service.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01754 in Executive Session on 18 September 2007,  under  the  provisions  of
AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Patrick C. Daugherty, Member
            Mr. Joseph D. Yount, Member

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

     Exhibit A.  DD Form 149, dated 1 Jun 07, w/atchs.
     Exhibit B.  Letter, AFPC/DPPRS, dated 23 Jul 07, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 27 Jul 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair




AFBCMR BC-2007-01754




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 , be corrected to show that on 1 May 2007, he was not honorably
discharged from all appointments, but on that date he was released from
active duty and transferred to the Air Force Reserve, under the Fiscal Year
2007 Force Shaping Program, with entitlement to Voluntary Separation Pay
based on 12 years and 13 days of total active duty service.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency