RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02263
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His mandatory separation date (MSD) be waived and be extended to
1 June 2011.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He would like his MSD extended to allow time for a smooth
transition through State Headquarters and the Georgia Air
National Guard (GAANG) with the recent retirements of two senior
medical officers.
In support of his appeal, the applicant provides a copy of his
MSD waiver package.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants MSD was 1 June 2010. The applicant submitted
his waiver through appropriate channels on 9 June 2010, eight
days after his MSD had expired.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1PS recommends relief be granted. The Subject Matter
Expert (SME) believes the applicants request for an MSD waiver
was not received prior to the applicants MSD expiring because
of an administrative oversight that occurred during the
processing of the applicants initial MSD extension request
through the Georgia Joint Force Headquarters (GA JFHQ). This
oversight occurred because the GA JFHQ was unaware of the
ramifications of the applicants MSD expiration.
The complete NGB/A1PS evaluation, with attachment, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Sep 10 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 warranting
corrective action. The National Guard Bureau has addressed the
issue presented by the applicant and we are in agreement with
its opinion and recommendation. While it appears the applicant
initiated a request for retention a few days prior to his MSD,
through our internal review with the Secretary of the Air Force
Personnel Council, who has final approval authority, we learned
that had the appropriate actions required been completed prior
to his MSD, the applicants request for an MSD extension to
1 June 2011 would have been granted. Additionally, in
accordance with Title 10, United States Code (USC), 14703,
medical professionals can extend their MSD up to their 67th
birthday. 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 APPLICANT, be corrected to show that:
a. He was not relieved from his assignment and transferred
to the Retired Reserve on 1 June 2010, but was continued in his
reserve assignment.
b. On 27 May 2010, he requested a waiver of his Mandatory
Separation Date and his request was approved by competent
authority pursuant to Title 10, United States Code, Section
14703, thereby establishing a new Mandatory Separation Date of
1 June 2011.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02263 in Executive Session on 23 February 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 1 Sep 10.
Exhibit D. Letter, SAF/MRBR, dated 24 Sep 10.
Panel Chair
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