RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00744 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His mandatory separation date (MSD) of 1 Feb 12, be extended one 
year and five days to 1 Mar 13. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was denied the opportunity to actually perform 28 years of 
commissioned service as a lieutenant colonel and will be denied 
one further opportunity to be considered for promotion to 
colonel. 

 

He was assigned to the retired reserve as an Honorary Retiree 
from 1 Oct 96 – 5 Nov 97, due to a medical disqualification, 
which was later overturned by the Air Force Board for Correction 
of Military Records (AFBCMR) in a decision dated 20 Feb 98. The 
period he was an honorary retiree should not be included in 
computing his total years of commissioned service because he was 
not eligible to participate for pay or points during that period. 

 

In support of his request, the applicant provides copies of 
ARPC/DPTTS letter, dated 22 Feb 11, an Air Force Reserve Officer 
Data Verification Brief, dated 27 Feb 11, Reserve Order EK-5862, 
Reserve Order DA-05339, and AFBCMR Decision 96-02002. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving as a judge advocate in the Air 
Force Reserve in the grade of lieutenant colonel, with a date of 
rank of 20 Jan 02. 

 

His total federal commissioned service date (TFCSD) is 20 Jan 84. 

 

His MSD expires on 1 Jan 12. 

 

On 1 Oct 96, the applicant was assigned to the Retired Reserve 
Section and placed on the USAF Reserve Retired List in the grade 
of major. 

 


On 6 Nov 97, the applicant was assigned as a Category A, Reserve 
Judge Advocate, in the grade of major. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ ARPC/DPTT recommends denial. DPTT states the applicant was a 
major when he was assigned to the Honorary Retired Reserve 
effective 1 Oct 96 and majors did not have MSDs. He remained in 
the Retired Reserve until the AFBCMR corrected his record to show 
he was assigned as a Category A reservist, effective 6 Nov 97, in 
the grade of major. The AFBCMR did not award him any points to 
give him a satisfactory year for the time spent in the retired 
status. 

 

In accordance with Title 10, United States Code 14507(a), the 
officer must be removed on the first day of the month in which 
the officer completes 28 years of commissioned service. The 
applicant was commissioned on 20 Jan 84, and his MSD was 
established as 1 Feb 12, based on 28 years of commissioned 
service. 

 

The applicant did not have an MSD at the time he was in the 
Honorary Retired Reserve; he will retire with 26 years, 8 months, 
and 11 days of satisfactory service. He has met six colonel 
promotion boards. 

 

The complete DPTT evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

As the advisory opinion notes, he was assigned to the Retired 
Reserve as an honorary retiree from 1 Oct 96 – 5 Nov 97. During 
this period, he was not eligible to participate for pay and 
points. If that period is counted as part of his 28 years of 
commissioned service in establishing his MSD, as it currently is, 
it denies him the opportunity to actually perform 28 years of 
service, since he was not permitted to serve for pay or points 
during the one year, one month, and four day period as an 
honorary retiree. To correct this error and injustice and to 
afford him the opportunity to perform the full 28 years of 
service, he urges the AFBCMR to extend his MSD from 1 Feb 12 to 1 
Mar 13. 

 

The applicant's complete response 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 warranting 
partial relief. The applicant’s main contention is that in an 
earlier decision by the AFBCMR, his record was corrected to show 
that he was assigned as a Category A, Unit Reserve Judge 
Advocate, effective 6 Nov 97; however, the same panel denied his 
request to award him pay and points for the period 1 Oct 96 to 
6 Nov 97. Based on a computation of his total commissioned 
service, his MSD was established as 1 Feb 12. The applicant now 
requests that his MSD be extended one year and five days. The 
applicant points out that his MSD, as currently established, 
denies him the opportunity to actually perform 28 years of 
service and one further opportunity to be considered for 
promotion to the grade of colonel. While the applicant’s 
contentions are duly noted, Title 10, USC, Section 14507(a), 
states “
14701 or 14702 of this title or retained as provided in 
section 12646 or 12686 of this title, each reserve officer of the 
Army, Navy, Air Force, or Marine Corps who holds the grade of 
lieutenant colonel or commander and who is not on a list of 
officers recommended for promotion to the next higher grade shall 
(if not earlier removed from the reserve active-status list) be 
removed from that list under section 14514 of this title on the 
first day of the month after the month in which the officer 
completes 28 years of commissioned service.” SUnless continued on the reserve active-status list under 
section 
ince MSDs are 
established by law, the Board is precluded from changing this 
provision of the law. As such, his request that his MSD be 
extended is denied. Notwithstanding the above, we believe that 
some relief is warranted. In this respect, we note the previous 
panel did not award the applicant any points to give him a 
satisfactory year for the time he spent in a retired status. 
However, as a matter of equity and justice we believe that the 
applicant’s records should be corrected to reflect inactive duty 
training (IDT) points for the period he was in the Retired 
Reserve Section. In coming to this decision, we note the 
applicant continued to perform his duties as an officer in the 
Air Force Reserve, and to have this gap in his total years of 
satisfactory service would be an injustice to the applicant. 
Given the evidence of record and after weighing the circumstances 
of this case, we believe that the relief we are recommending 
provides the applicant full and fitting relief. Therefore, we 
recommend the applicant’s records be corrected as 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 he was awarded 


an additional 50 non-paid inactive duty training (IDT) points, 
for Retention/Retirement (R/R) year 1 October 1996 to 5 November 
1997, resulting in 50 total points and one year of satisfactory 
Federal service for retirement. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00744 in Executive Session on 21 Jul 11, under the 
provisions of AFI 36-2603: 

 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to Docket Number 
BC-2011-00744 was considered: 

 

 Exhibit A. DD Form 149, dated 28 Feb 11. 

 Exhibit B. Letter, ARPC/DPTT, dated 17 Mar 11, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 1 Apr 11. 

 Exhibit D. Letter, Applicant, dated 6 Apr 11. 

 

 

 

 

 

 Panel Chair