RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05135

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Total Active Federal Military Service Date (TAFMSD) be 
changed from 23 Jan 02 to 2 Jul 01 or in the alternative his 
TAFMSD be changed back to the original TAFMSD of 30 Sep 01.

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APPLICANT CONTENDS THAT:

Due to the AFPC recalculating his TAFMSD, he was precluded from 
receiving Voluntary Separation Pay (VSP).  

He applied to separate under the VSP program.  The Air Force 
Personnel Center (AFPC) calculated his TAFMSD as 30 Sep 01; 
however, six months later his TAFMSD was recalculated to a date 
that disqualified him from receiving the VSP.  He would not have 
elected to separate were it not for the fact that AFPC 
erroneously advised him that he was eligible for the VSP.

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

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STATEMENT OF FACTS:

Under the Fiscal Year 2007 (FY07) Force Shaping Program, VSP was 
one of the initiatives offered to officers in selected Air Force 
specialties and year groups with more than six and no more than 
exactly 12 years of service as an incentive to voluntarily 
separate.

The applicant served in the Marine Corps Reserves from 11 Dec 97 
to 10 Dec 01.  On 3 Jul 02, he commenced his service in the 
Regular Air Force.  On 26 Sep 02, the applicant was honorably 
discharged.  On 27 Sep 02, he was commissioned as a Second 
Lieutenant (2Lt) in the Air Force Reserves.  His TAFMSD was 
30 Sep 01.

On 17 Feb 07, the applicant’s service dates were reaccomplished 
to correct his active duty points.  His service dates were 
changed to reflect he served in the Marine Reserves from 
11 Dec 97 to 2 Jul 02.  He served in the Regular Air Force from 
3 Jul 02 through 26 Sep 02, and on 27 Sep 02, he was 
commissioned as a 2Lt in the Air Force Reserves.  His TAFMSD was 
recalculated to 23 Jan 02.

On 27 Sep 07, the applicant was honorably discharged with a 
narrative reason for separation as Separation as Force Shaping – 
VSP.  He was credited with five years and three months of active 
duty service.

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 D.

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AIR FORCE EVALUATION:

AFPC/DPSIPV recommends granting the requested relief noting the 
applicant’s original TAFMSD was erroneously computed using 
inactive duty points instead of active duty points on his Career 
Retirement Credit Record from the Marine Corps Reserves.  The 
recalculation of the applicant’s TAFMSD from 30 Sep 01 to 
23 Jan 02 made him ineligible for the VSP as he would not have 
the requisite six years of active service.  The applicant’s 
separation should have been delayed to allow him the opportunity 
to reach eligibility for the VSP. 

A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C.

AFPC/DPSOR defers to the Board to determine if the applicant 
should receive VSP.  The applicant submitted an application for 
voluntary separation on 1 Aug 06.  At the time of his 
application, his TAFMSD indicated he would have the required six 
years of minimum active duty service to qualify for VSP.  
AFPC/DPSOR approved his request to separate on 29 Sep 07. 

However, the applicant’s TAFMSD was subsequently corrected, 
rendering him ineligible for VSP, even though he already had an 
approved separation.  Furthermore, MPF/CC had screened the 
applicant’s record and confirmed he was eligible for VSP.  If 
AFPC/DPSOR had been notified of the change in the applicant’s 
TAFMSD, they would have been able to confirm he was ineligible 
for VSP. 

Should the Board determine the applicant should not receive VSP, 
his narrative reason for separation should be changed to 
“miscellaneous/general reasons” and his separation program 
designator to MND. 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 5 Jul 13, for review and comment within 30 days.  
As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
corrective action.  The applicant contends that he would not 
have volunteered to separate were it not for the fact that he 
was erroneously advised that he was eligible for voluntary 
separation pay (VSP).  After a thorough review of the evidence 
of record and the applicant’s complete submission, we agree.  In 
this respect, we note the comments of AFPC/DPSIPV indicating the 
applicant’s total active federal military service date (TAFMSD) 
was initially mis-calculated, causing him to be erroneously 
advised that he was eligible for VSP, only for him to be 
discharged without VSP due to the re-calculation of his TAFMSD.  
However, while we believe a preponderance of the evidence 
indicates that corrective action is warranted, we are not 
convinced the requested remedy, adjusting changing the 
applicant’s TAFMSD, is appropriate in this case.  In this 
respect, we note that doing so could have second and third order 
effects that cannot be predicted should the applicant decide to 
once again serve in the future.  Instead, we believe it would be 
appropriate to correct the applicant’s record to reflect he 
completed six years of active service, thus making him eligible 
for VSP.  We believe this constitutes full and fitting relief 
and therefore recommend the applicant’s records be corrected as 
indicated below.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that he was 
not discharged on 29 September 2007, but instead continued to 
serve on active duty until 22 January 2008, when he was 
honorably discharged, thereby entitling him to Voluntary 
Separation Pay (VSP) in accordance with the provisions of 
Military Personnel Flight Memorandum (MPFM) 06-50, Air Force 
Force Shaping Program, Fiscal Year 2007, dated 26 July 2006.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05135 in Executive Session on 8 Aug 13, under the 
provisions of AFI 36-2603:

	

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05135 was considered:

     Exhibit A.  DD Form 149, dated 30 Oct 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIPV, dated 27 Nov 12, w/atchs.
     Exhibit D.  Letter, AFPC/DPSOR, dated 24 May 13, w/atchs.
     Exhibit E.  Letter, SAF/MRBR, dated 5 Jul 13.