RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01755
                                        INDEX CODE:  128.14

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 December 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

As an exception to policy, his date of separation  (DOS)  under  the  Fiscal
Year 2007 (FY07) Force Shaping Program should be changed  to  17  May  2007,
with entitlement to Voluntary Separation Pay (VSP) for 12 years and one  (1)
day of total active duty service.

________________________________________________________________

APPLICANT CONTENDS THAT:

His request to separate under the FY07 Force Shaping  Program  -VSP  with  a
DOS  of  17  May  2007  was   originally   approved.    However,   the   DOS
unintentionally rendered him ineligible for the VSP since he would  have  12
years and 1 day of  total  active  duty  service.   His  Military  Personnel
Flight (MPF) and the Air Force Personnel Center  (AFPC)  failed  to  correct
his DOS prior to separation.

In an attempt to cover/correct errors, on 17 May 2007, APFC changed his  DOS
to 16 May 2007, and his separation orders were amended accordingly.  He  was
not notified of the change until his final out-processing  appointment.   He
was told by a Defense Finance and Accounting  System  (DFAS)  representative
that if he did not accept the 16 May 2007 DOS, he  would  not  receive  VSP.
As a result of this error, he was forced to forfeit pay and  record  of  his
last active duty day, and reduced overall estimated  VSP  benefits  by  over
$7,000.00.  It is unreasonable and  unjust  to  reach  an  agreed  upon  DOS
simply to be told it no longer exists and the advertised and  estimated  VSP
benefits will not be paid.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant’s Total Active Federal Military Service Date (TAFMSD)  is  17  May
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 basis pay to which the  officer  is  entitled  at  the
time of separation, times the years  and  full  months  of  action  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 3 August 2006, applicant voluntarily submitted an  AF  IMT  780,  Officer
Separation Actions, requesting to separate  under  the  FY07  Force  Shaping
Program - VSP, effective 17 May 2007.

Headquarters 72nd Mission Support Squadron Special Order AS-0984,  dated  26
April 2007, authorized the applicant’s release from  active  duty  effective
17 May 2007, with VSP entitlement.

On 17 May 2007, Headquarters 72nd Mission Support Squadron special order AS-
0984, dated 26 April 2007, was amended to reflect his DOS  as  16 May  2007.
His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
indicates that on 16  May  2007,  he  was  released  from  active  duty  and
transferred to the Air Force Reserve under the  provisions  of  AFI  36-3207
(Force Shaping - VSP), with entitlement to VSP.  He completed  12  years  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  17 May 2007,  with  entitlement  to
VSP and that DFAS be directed to recalculate his VSP based on 12  years  and
1 day of total active service.  AFPC/DPPRS notes, in part, that  on  17  May
2007,  applicant  went  to  his  Military  Personnel  Flight(MPF)  for  out-
processing and discovered, due to no fault of his own, that  his  separation
orders had been amended to reflect his DOS as 16 May 2007.  Technically,  he
had already separated from the Air Force when he went to  the  MPF  to  out-
process and  was  totally  unaware  his  DOS  had  been  changed.   Although
applicant had received a briefing from the Base Financial Office  indicating
that he would receive VSP in the amount of $150,577.92  based  on  12  years
and one (1) day of active service, as a result of his DOS being  changed  to
16 May 2007, his VSP was reduced  to  $143,501.76,  based  on  12  years  of
active service.  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.

AFPC/DPPR has previously coordinated with AF/A1 and DFAS; both  are  willing
to support VSP payment for 12 years and 1 day.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Contrary to the evaluation, his DOS was not  amended  on  2  May  2007,  but
rather on 17 May 2007.  As such, since 17 May 2007 was his  last  duty  day,
the change to his DOS was unjust.  On 17 May 2007, he earned  his  base  pay
increase for having over 12 years of service.  The cumulative impact of  the
reversal/nullification is in excess of $7,250.00.

Applicant’s complete response, with attachments, 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice to warrant, as an exception to  policy,  the
applicant’s  separation  under  the  FY07  Force   Shaping   Program,   with
entitlement to VSP based on  12 years  and  one  (1)  day  of  total  active
service.  In this respect, we note the applicant was provided  a  Separation
Payment Worksheet indicating that he would receive  VSP  in  the  amount  of
$150,577.92 if he chose to separate on 17 May 2007,  under  the  FY07  Force
Shaping  Program.   Based  on  this  information,  on  3 August   2006,   he
voluntarily applied for separation under the FY07 Force  Shaping  Program  -
VSP, requesting a DOS of 17 May 2007.  His request was approved  and  on  26
April 2007, orders were prepared authorizing his separation on 17 May  2007,
with VSP entitlement.  However, on the day he  was  to  out-process  at  his
servicing Military Personnel Flight (MPF), he was advised that  his  DOS  of
17 May 2007 rendered him ineligible for VSP entitlement since he would  have
over 12 years of active duty service as of that date.   On  that  date,  his
separation orders were amended to reflect that he was separated  on  16  May
2007, in order to receive VSP entitlement.  However, since  he  had  exactly
12 years of active service on 16 May 2007, his actual  VSP  entitlement  was
$7,076.16 less than that estimated in the Separation  Payment  Worksheet  he
was previously provided.  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.  In view of the  above,  and  since  through  no
fault of the  applicant  he  was  led  to  believe  that  his  17  May  2007
separation would entitle him to VSP entitlement based on 12  years  and  one
(1) day, we recommend that 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:

      a.    On 16 May 2007,  he  was  not  released  from  active  duty  and
transferred to the Air Force Reserve, but  on  that  date  he  continued  to
serve on active duty.

       b.     On  17  May  2007,  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 one (1) day of total active service.

________________________________________________________________

The following members of the Board considered this application 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 pertaining to AFBCMR Docket  Number  BC-2007-01755  was
considered:

     Exhibit A.  DD Form 149, dated 28 May 2007, w/atchs.
     Exhibit B.  Memo, AFPC/DPPRS, dated 13 Jul 07, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 27 Jul 07.
     Exhibit D.  Letter, Applicant, dated 16 Aug 07, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair




AFBCMR BC-2007-01755




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:

      a.    On 16 May 2007, he was not released from active duty and
transferred to the Air Force Reserve, but on that date he continued to
serve on active duty.

      b.    On 17 May 2007, 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 one (1) day of total active service.








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency