RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04037

			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS:

His mandatory separation date (MSD) be adjusted to account for 
the time he was discharged from the Air Force and unable to 
serve in the Air Force Reserve.  

________________________________________________________________

THE APPLICANT CONTENDS THAT:

1.  He believes it to be unjust that the Air Force forced him to 
retire due to his MSD of 1 June 2013.  This MSD was calculated 
as a result of his reaching 30 years of total federal 
commissioned service after he received his initial commission in 
May 1983.  If his service to the military had been continuous 
during this entire period he would agree that this is the proper 
date, but this does not account for the fact that between the 
time he was honorably discharged from all appointments in the 
Air Force until the time that this discharge was rescinded (from 
1 Mar 06 to 22 Mar 07) he was not allowed to participate in any 
of the Air Force Reserve programs. This negatively affected his 
record in a couple of ways:  

	a.  he was not allowed to earn points for his retirement.

	b.  he was not allowed to positively contribute to the Air 
Force mission thus limiting the impact of his officer 
performance report (OPR).  

He believes these factors reduced his competitive stature in 
front of the calendar years (CY) CY10 and CYl1, Colonel, O-6 
promotion boards and could have been a contributing reason why 
he was not selected for promotion at those times.  

2.   Had he been selected for promotion by either of the earlier 
boards the negative consequences of the first injustice of not 
being selected by the original Lieutenant Colonel (Lt Col), O-5 
promotion board would have been minimized and he would have been 
able to accumulate enough time-in-grade at the O-6 level to 
retire in that grade.  With an MSD of 1 June 2013, he was forced 
to retire at the rank of Lt Col as regulations stipulate that 
one must serve a minimum of 6 months’ time-in-grade as an O-6 to 
retire at that rank when the MSD is the reason for retirement.  
He respectfully requests that his MSD be recalculated to account 
for the 1-year and 21 days effective “break in service” during 
which time he was unable to contribute to the Air Force 
Reserves.  

In support of his request the applicant submits a personnel 
statement, a factual information list pertaining to his 
promotion history, copies of his promotion orders, his MSD 
letter dated 22 April 2011, email correspondence, and a copy of 
point credit summary/service history.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Air Force Reserve from 
11 December 2002 until his mandatory separation date of 
1 June 2013.  On 2 June 2013 he was transferred from his, then, 
current assignment to the Retired Reserve Section awaiting pay 
at age 60 (15 July 2021).  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.  

_______________________________________________________________

THE AIR FORCE EVALUATION:

1.  ARPC/DPTT recommends denial.  DPTT states that mandatory 
separation dates (MSDs) are calculated from the Total Federal 
Commissioned Service Date (TFCSD).  Since the applicant has not 
had a break in service, his TFCSD has not changed.  As 
background, the applicant was commissioned on 15 May 1983.  He 
served in the U.S. Army and Army Reserve until his appointment 
as a Major (Maj) in the Air Force Reserve on 11 December 2002.  
While serving in the Air Force Reserve he met two promotion 
boards, however, he was not selected for promotion to the grade 
of Lieutenant Colonel (Lt Col) by either board.  Under Title l0 
U.S.C. Section 14506, his MSD became 1 March 2006.  Since he had 
less than 18 years of satisfactory service toward retirement, he 
was discharged on that date.  When the ARPC, Separations Branch, 
was notified that a Special Selection Board had selected him for 
promotion to Lt Col, effective 1 October 2005, his discharge 
order, Reserve Order (RO) CB-122, dated 1 March 2006, was 
rescinded by RO CB-103, dated 22 March 2007.  This transaction 
put him back into his Individual Mobilization Augmentee (IMA) 
position with no break in service.  He earned satisfactory years 
of service for the 2006 and 2007 Retirement/Retention years.  

2.  When the applicant was promoted to the rank of Lt Col, his 
MSD under Title l0 U.S.C. Section l4507(a) became 1 June 2011.  
Since he had completed 18 years and 16 days of satisfactory 
service, his MSD was adjusted by three years for Reserve 
Sanctuary under Title l0 U.S.C. Section 12646.  This meant he 
could continue to participate until he reached 20 years of 
satisfactory service or 1 June 2014, whichever came earlier.  On 
1 April 2013, he was promoted to the rank of Colonel (Col).  
Since his MSD became 1 June 2013, he was transferred to the 
Retired Reserve on 1 June 2013, with only two months’ time in 
grade.  

_______________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

In further support of his appeal, the applicant states he 
believes the ARPC/DPTT recommendation to disapprove his request 
is incorrect based upon the facts of his situation.  Their 
rationale for disapproval, “because he did not have a “break in 
service” and therefore his TFCSD had not changed,” is factually 
incorrect.  He was discharged from the Reserves on 1 March 2006, 
and reinstated on 22 March 2007.  As he was no longer a member 
of the military during that period he was not able to contribute 
to the Reserve program, which, negatively affected his ability 
to earn points as well as limited the impact of his OPR.  When 
he was reinstated, which HQ ARPC did by rescinding his previous 
discharge orders, “on paper,” it appeared he did not have a 
break in service.  However, this was on paper only.  In 
actuality, he did have a break in service of 1 year and 22 days.  
It is because of this “actual” break in service he requests that 
his TFCSD be recalculated to account for this lost time.  AFI 
36-2604, Service Dates and Dates of Rank, Table 1, Rule 3, lists 
a way to calculate the Total Federal Commissioned Service Date 
when there is a “break in service” by adjusting the TFCSD to be 
later than the original TFCSD by a period equal to the break in 
service.  He considers himself very fortunate to have been 
deemed worthy to hold the rank of Colonel; nevertheless, with 
only two months’ time in grade, this promotion was ceremonial in 
nature, as he was never given the opportunity to serve in this 
capacity.  Furthermore, the negative impact of this inability to 
retire at the rank of Colonel is financially significant and 
life-long.  

The applicant’s complete response, with attachments, is at 
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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant’s complete submission, to include his comments 
provided in his rebuttal to the Air Force evaluation and do not 
find that it supports a determination that the applicant was 
improperly separated from the Air Force Reserve in 2013.  We 
noted the applicant’s contention that his Total Federal 
Commissioned Service Date (TFCSD) does not account for the time 
he was honorably discharged from all appointments in the Air 
Force on 1 March 2006, until the time that this discharge was 
rescinded on 22 March 2007.  Additionally during that time, he 
was not allowed to participate in any of the Air Force Reserve 
programs that negatively affected his ability to earn points for 
his retirement and limited his ability to positively contribute 
to the Air Force mission thus limiting the impact of his officer 
performance report (OPR).  However, we do not find these 
contentions sufficiently persuasive to override the rationale 
expressed by the Air Force.  We note that when the Air Reserve 
Personnel Center (ARPC), Separations Branch, was notified that a 
Special Selection Board had selected the applicant for promotion 
to the rank of Lieutenant Colonel with an effective date of 
1 October 2005, his 1 March 2006, discharge order was rescinded 
and this transaction put him back into his Individual 
Mobilization Augmentee (IMA) position with no break in service.  
Furthermore, he earned satisfactory years of service for the 
2006 and 2007 Retirement/Retention years.  We find no evidence 
showing that the applicant’s separation and retirement is 
contrary to governing policies.  While we are not unsympathetic 
to the applicant’s circumstances, in the absence of evidence 
indicating he was treated differently than others who are 
similarly situated, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt the 
rationale expressed as the basis for our decision that the 
applicant has not been the victim of an injustice.  In view of 
this determination, there exists no basis upon which to 
favorably consider the applicant's request.  

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 22 April 2014, under the provisions of 
AFI 36-2603:

				, Panel Chair
				, Member
				, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04037 was considered:

    Exhibit A.  DD Form 149, dated 22 Aug 2013, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPTT, dated 18 Sep 2013, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 2014.
    Exhibit E.  Letter, Applicant, not dated, w/atchs.