RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01721
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His mandatory separation date (MSD) be changed to 28 Feb 14.
2. He be restored to the position he held prior to his
discharge.
3. His status as Chief Flight Surgeon, with the official
anniversary date of 21 Apr 10, be restored.
4. His eligibility for the physician bonus be restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
He requested an extension of his MSD on 2 May 09 through his
military personnel flight. He was never notified that his
request was returned or disapproved and he continued to perform
military duty through Apr 10.
In support of his request, the applicant provides a copy of his
original MSD extension request.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he served in
the ANG in the grade of lieutenant colonel (O-5), effective and
with a date of rank of 9 Jun 95.
On 17 Feb 09, the ARPC/DPPRS notified the applicant that his MSD
expired on 28 Feb 10 and advised him of the procedure for
requesting an extension of his MSD.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and E.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PO recommends relief be granted, indicating the applicant
submitted his request for an extension of his MSD on 2 May 09.
According to correspondence received from the Arizona Air
National Guard (ANG), it appears that his request was never
forwarded to NGB due to an administrative error. The Arizona
ANG has been advised to resubmit the MSD extension request in
conjunction with the applicants submission of his AFBCMR
application.
A complete copy of the NGB/A1PO 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 10 Dec 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
SAFPC recommends partial relief be granted, indicating they
would have disapproved the applicants request for an adjusted
MSD of 1 Mar 14 based on the documentation provided; however,
they would have approved an alternate date of 1 May 13 to allow
him to attain 20 years of satisfactory service for retirement.
The rationale for this recommendation is that manning
requirements do not support the applicants retention beyond his
eligibility for retirement.
A complete copy of the SAFPC evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
The applicant reiterates he is requesting an extension of his
MSD to 1 May 2014, indicating he would be unable to attain
20 years of satisfactory service for retirement if his MSD were
extended to 1 May 2013 as SAFPC recommends (Exhibit G).
________________________________________________________________
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 an error or injustice. The
evidence of record indicates the applicants unit misplaced his
request for an extension of his mandatory separation date (MSD).
While it is clear the noted error caused the applicant to be
discharged on his MSD and that some relief is warranted, we do
not believe the requested relief is the most appropriate remedy
in this case. In this respect, we note the comments by SAF/MRBP
indicating they would have only approved an extension to the
extent required to allow him the opportunity to attain 20 years
of satisfactory service for retirement (1 May 2013). In
response, the applicant notes that even if his record were
corrected as recommended, he will be unable to attain the
requisite service for retirement because he has been precluded
from participating while awaiting the outcome of his instant
case. However, we believe correcting the record to reflect his
MSD was extended to 1 May 2013 as SAF/MRBP recommends, while
crediting him with the pay and points necessary to make the
period since his 1 Mar 10 separation satisfactory service for
retirement, represents proper and fitting relief in this case.
We note that reinstatement in the ANG is among the applicants
requests. However, inasmuch as the Board lacks the authority to
reinstate applicants into the ANG, we are unable to act on this
aspect of his request. However, with this recommendation, the
applicant is free to pursue his reappointment to the ANG or Air
Force Reserve, provided he is otherwise qualified, in accordance
with AFI 36-2005, Appointment in Commissioned Grades and
Designation and Assignment in Professional Categories Reserve
of the Air Force and United States Air Force. As for his
request related to the physician bonus, we note the applicants
unit had submitted a request for the bonus for the period May 09
through May 12; but he was unable to provide such service due to
his mandatory separation. While we acknowledge that
circumstances beyond the applicants control prevented him from
rendering such service, the fact the Air Force did not receive
the benefit of his service is an important consideration.
Therefore, in view of the fact the applicant did not provide the
service which the bonus was intended to secure, we are not
convinced the applicant has suffered an injustice in this
regard. Therefore, we recommend the applicants record be
corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT, be corrected to show that:
a. On 28 February 2010, his request for retention in an
active status until 1 May 2013 was approved by competent
authority.
b. On 1 March 2010, he was not discharged from the Air
National Guard (ANG), but on that date he continued to serve as
a member of the ANG.
c. He be awarded 15 paid active duty points, 20 paid
inactive duty training (IDT) points, and 15 unpaid membership
points for the retention/retirement (R/R) year 1 May 2010
through 30 April 2011, resulting in 50 total retirement points
and one year of satisfactory Federal service for retirement.
d. He be awarded eight paid active duty points, 10 paid
inactive duty training (IDT) points, and seven unpaid membership
points for the retention/retirement (R/R) year 1 May 2011
through 31 October 2011, resulting in 25 total retirement points
and six months of satisfactory Federal service for retirement.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01721 in Executive Session on 1 Mar 11 and
4 Mar 11, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members of the Board voted to correct the records as
recommended. The following documentary evidence pertaining to
AFBCMR Docket Number BC-2010-01721 was considered:
Exhibit A. DD Form 149, dated 29 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1POE, dated 6 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10.
Exhibit E. Letter, SAFPC, dated 9 Feb 11.
Exhibit F. Letter, AFBCMR, dated 14 Feb 11.
Exhibit G. Letter, Applicant, dated 21 Feb 10.
Panel Chair
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