RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05882
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His total federal commissioned service date (TFCSD) be re-established as 5 Jun 88 as it was when he entered the Air Force Reserve in 2001.
Or
2. He be granted a three-year waiver to his mandatory separation date (MSD).
________________________________________________________________
APPLICANT CONTENDS THAT:
He lost the opportunity to serve for three additional years due to an Air Force error. In Feb 98, when he separated from active duty, he was not processed into the Individual Ready Reserve (IRR) as he should have been, but was simply discharged with no Reserve obligation. That meant to re-enter the service he had to be considered a new accession. In Mar 01, he entered the Reserve at which time his accession date was backdated to the effective date of his separation from active duty. Therefore, his three-year break in service from 98 to 01 was eliminated and then counted as service when calculating his MSD. He was forced to retire at his MSD for having 28 years of commissioned service as a lieutenant colonel (O-5), when he actually had only completed 24 years of satisfactory service. He was denied three additional years of service.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant initially entered the regular Air Force on 29 May 85 following his graduation for the Air Force Academy.
On 28 Feb 98, the applicant separated from the regular Air Force, accepted separation pay, and was credited with 12 years and 9 months of active service, but was not given the required Reserve obligation in the IRR.
On 5 Mar 01, the applicant was appointed in the grade of captain (0-3) in the Air Force Reserve.
On 1 Jun 13, he was transferred to the Retired Reserve due to having obtained his MSD, which was based upon having completed 28 years of commissioned service.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends granting a three-year waiver to the applicants MSD, indicating there is evidence of an error. The applicant was involuntarily discharged from active duty on 28 Feb 98. The applicant was required, by a written agreement with the Secretary concerned, to serve in the Ready Reserve or a Reserve component for a period of not less than three years following his discharge or release from active duty. However, he was not properly appointed into the Reserve to serve out his Reserve service obligation. In Dec 12, an amended Appointment Order was generated to correct this direct appointment, service dates, and date of rank, to include eliminating the break in service and reestablish his TFCSD as 29 May 85. We do not recommend approval of the applicants request to re-establish his TFCSD after his direct appointment into the Reserve in 2001.
A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant concurs with AFPR/DPTTs recommendation to grant a three-year waiver from his MSD. However, he does not feel extending his MSD for three years from his previous 1 Jun 13 MSD is appropriate because he was inappropriately forced to retire effective 1 Jun 13 and a three year extension will have run concurrent with his retirement. The three-year waiver should start on the publication date of new orders assigning him to a position in the Air Force Reserve (Exhibit E).
________________________________________________________________
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 took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicants mandatory separation date (MSD) should be extended to account for the break in service the applicant incurred when he was not transferred to the individual ready reserve (IRR). While the applicant believes that such an extension should toll from his reappointment to an active status in a Reserve Component, we believe it would be more appropriate to correct the record to reflect that he was never discharged and provide him an MSD which tolls from the date of the directive. We believe this constitutes full and fitting relief as it allows the applicant a fair opportunity to earn satisfactory years of Reserve service through his newly established MSD. Therefore, we recommend the applicants record be corrected as 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 on 1 June 2013, he was not transferred to the Retired Reserve, but on that date continued to serve in the Air Force Reserve in an active status, and that his mandatory separation date (MSD) was established as 20 March 2017.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2012-05882 in Executive Session on 4 Feb 14 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 AFBCMR Docket Number BC-2012-05882 was considered:
Exhibit A. DD Form 149, dated 13 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 7 Oct 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Dec 13.
Exhibit E. Letter, Applicant, dated 24 Dec 13.
Panel Chair
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