RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03226 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Mandatory Separation Date (MSD) be extended in order for him 
to achieve an Air National Guard (ANG) retirement with 20 years 
of service. He would like his time in the Individual Ready 
Reserve (IRR) be removed in order to move his MSD forward. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His MSD is currently 1 February 2011. If allowed, on 23 February 
2011, he will have completed 18 years of satisfactory service 
which will put him in sanctuary and allow him to continue until 
he reaches 20 years of ANG service. He left his squadron in 
December 2000 while he and his wife pursued adopting a child. 
During this time, he was placed in the Non-Obligated Ready 
Personnel Section (NNRPS) for two years. On 2 December 2002, he 
was transferred to the Inactive Status List Reserve Section 
(ISLRS), where he remained until he acquired an assignment on 
23 February 2004. 

 

He believes he was twice deferred for promotion to the grade of 
lieutenant colonel (O-5) because he had not completed the 
appropriate Professional Military Education (PME); however, he 
has since completed Air Command and Staff College (ACSC). An MSD 
extension would also allow him to be considered for promotion to 
the grade of lieutenant colonel in April 2011, and if selected, 
his MSD would be extended to 28 years of commissioned service. 

 

In support of his appeal, the applicant provides copies of his Air National Guard/United States Air Force Reserve Point Credit 
Summary Surf and Report of Adoption. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the ANG in the grade of 
major (O-4). He was released from the ANG on 1 December 2000 and 
transferred to the Non-Obligated Ready Personnel Section (NNRPS) 
for two years. On 2 December 2002, he was transferred to the 


Inactive Status List Reserve Section (ISLRS), where he remained 
until he acquired an assignment on 23 February 2004. 

 

The applicant was considered and non-selected for promotion to 
the grade of lieutenant colonel by the Calendar Year (CY) 2009 
and the CY 2010 Air National Guard Line and Non-line Major and 
Lieutenant Colonel Promotion Selection Boards. On 30 July 2010, 
he was notified by the National Guard Bureau that his MSD was 
established as 1 February 2011 based on his twice non-selection 
for promotion. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPP recommends denial. DPP states that in accordance with 
Air Force Instruction 36-2115, paragraph 4.4.2.7, Reserve 
officers generally remain assigned to ISLRS for three years after 
which time they can be screened for discharge. If the 1 year, 
2 months and 21 days the applicant spent in ISLRS was removed, 
his record would show a break in service from 3 December 2002 
thru 22 February 2004. If the break in service was to take 
place, his Total Federal Commissioned Service Date and Total 
Years Service Date should be changed to 1 November 1990. His Pay 
Date would be adjusted to 14 June 1990. However, his date of 
rank would still be 24 October 2002. Therefore, he would have 
met the same two promotion boards with no change in outcome. 
Removing his time in ISLRS will not change his MSD. In order to 
be eligible for Reserve Sanctuary, the applicant’s MSD would need 
to be extended to 24 February 2011. 

 

The complete DPP evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant’s counsel indicates that his client was 
miscounseled, in that, his client’s unit personnel director 
informed him that his nonselection for promotion and his period 
of inactive status would not harm him as he would eligible to 
continue to serve until he reached 20 years of creditable service 
for retirement. This was incorrect. Therefore, approving the 
applicant’s request would not only allow him to reach retirement, 
but would also allow the Air Force to have the continued service 
of an officer with an unusually high level of experience and 
expertise. It is highly likely, based on his skills and 
qualifications; his client would be selected at a later board for 
promotion and will be able to continue to serve in positions of 
increased leadership and responsibility. This will result in an 
even greater impact on readiness and mission accomplishment in 
the Air Force. To grant his client’s request would be in the 
best interest of the Air Force and would avert an injustice. 

 


The Counsel’s complete response, with attachments, is at Exhibit 
E. 

 

The applicant indicates that his unit personnel director informed 
him that his non-selection for promotion would not affect him as 
he would continue to meet selection boards until he reached 20 
years of service for retirement. Unfortunately, he based his 
decision of postponing his completion of ACSC on this 
misinformation. As an Instructor Pilot on the C-5 Galaxy, not 
only has he been through numerous expensive Air Force pilot 
courses costing the government millions of dollars, but it would 
be a shame for the squadron and its younger pilots to lose the 
experience that has taken 27 years of flying airplanes to gain. 
In addition, it would be a terrible injustice to fall two years 
short of finishing a great career and lose out on a Reserve 
retirement. He is asking the Board to allow him to continue his 
participation as an Instructor Pilot in the 137th Airlift 
Squadron at least until he has 20 eligible years of service for a 
Reserve retirement. He believes that his non-completion of ACSC 
has been the only thing preventing him from being promoted to 
lieutenant colonel. Now that he has completed ACSC, he feels 
optimistic about being promoted if given the opportunity. 

 

The applicant’s complete rebuttal, with attachments, is at 
Exhibit F 

 

_________________________________________________________________ 

 

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 injustice. We note the applicant 
was twice miscounseled about the procedures for submitting an MSD 
waiver. Subsequent to submitting an appeal to the Board, it was 
determined he had not exhausted his administrative remedies; 
however, due to the miscounseling, the applicant did not have 
enough time to submit a request for an MSD waiver prior to his 
separation. Therefore, based on the miscounseling he received, 
in addition to the strong support from his chain of command to 
retain the applicant, we believe it would be in the best interest 
of the applicant and the Air Force to correct his record in the 
following manner. 

 

_________________________________________________________________ 

 

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 on 
31 January 2011, but was continued in his Reserve assignment. 

 

b. On 30 November 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 31 January 2013. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-03226 in Executive Session on 26 January 2011, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2010-
03226 was considered: 

 

Exhibit A. DD Form 149, dtd 24 Aug 10, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, ARPC/DPP, dtd 30 Sep 10. 

Exhibit D. Letter, SAF/MRBR, dtd 8 Oct 10. 

Exhibit E. Letter, Appl’s Counsel, dtd 2 Nov 10, w/atchs. 

Exhibit F. Letter, Applicant, dtd 4 Nov 10. 

 

 

 

 

 

 Panel Chair