RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05293
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
The Reserve pay debt he incurred for military duty
performed/paid from 16 July to 13 Aug 13 be waived.
APPLICANT CONTENDS THAT:
He performed military duties from 16 Jul to 13 Aug 13.
On 23 May 13, he was incorrectly advised by the Air Reserve
Personnel Center (ARPC) that he could continue to participate as
a Reservist even after leaving his Air Reserve Technician (ART)
position.
In Sep 13, he discovered the person who incorrectly advised him
that he could continue to perform military duties retired.
His MSD was adjusted to 13 Jul 13 and he incurred a debt.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
Per Reserve Order EK-0191 dated 23 Oct 13, he was placed on the
Retired Reserve List effective 14 Jul 13 in the grade of
lieutenant colonel (O-5).
In an e-mail dated 16 Sep 13, the 940th Force Support Squadron
(940 FSS) advised him that his MSD would be adjusted to the date
he resigned his ART position, 13 Jul 13.
Per 10 U.S.C. § 14702(a)(2), a Reserve officer of the Army or
Air Force who as a condition of continued employment as a
National Guard or Reserve technician is required by the
Secretary concerned to maintain membership in a selected Reserve
unit or organization.
?
According to an e-mail from the 940th Wing Finance Management
Office (940 Wing/FM) dated 5 Nov 13, the applicant incurred a
basic pay debt for pay he received before his MSD was adjusted.
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. The applicant was under the
impression that he could continue to participate up until his
MSD extension of 29 Dec 13. Through no fault of his own, the
MSD was not updated immediately after he resigned his ART
position.
The applicant was assigned to the 940 FSS at Beale AFB, CA as an
ART until he resigned on 13 Jul 13. Prior to his resignation,
his MSD was 29 Dec 13. Upon resignation, his MSD reverted to
1 Jun 12, 28 years of commissioned service. However, because
this date was in the past, his adjusted MSD became the date he
resigned his ART position, 13 Jul 13.
The applicant claims he was incorrectly advised by ARPCs
separation technician on 23 May 13 that he could participate as
a Reservist after leaving his ART position and accepting a
civilian position with a start date of 15 Jul 13. On 5 Sep 13,
an inquiry was made questioning his MSD. The MSD was adjusted
and as a result the applicant incurred a debt.
The complete DPTT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 26 Sep 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
ADDITIONAL AIR FORCE EVALUATION:
AFRC/A1K recommends approval as the applicant was ill advised on
his MSD upon vacating his ART position and continued to
participate. MSDs are established IAW AFRCI 36-201, Air
Reserve Technician (ART) Officer Extension to Mandatory
Separation Date (MSD), paragraph 4, Adjusted MSD Extension and
Title 10 U.S.C. 14507(a) and 14509. For individuals with
extended MSD who subsequently leave the ART program, AFRC will
adjust their MSD to coincide with the later of their normal MSD
or the date of such voluntary separation from the ART position.
The applicant requested retirement effective 13 Jul 13 which
coincided with him vacating his ART position. He states that he
was incorrectly advised by ARPC that he could continue
participating as a reservist upon vacating his ART position.
There is no evidence provided to reflect the applicant verified
this with his servicing civilian personnel office and/or FSS
prior to 5 Sep 13. On 5 Sep 13, the 940 FSS e-mailed HQ
AFRC/A1KK inquiring on the adjustment of the applicants MSD due
to vacating his ART position. In turn, AFRC/A1KK notified ARPC
on 11 Sep 13 to adjust his MSD to match the date he vacated the
ART position.
Although by his own omission in applying for retirement that he
was aware of the adjusted MSD requirements upon vacating his ART
position, the debt should be waived due to the administrative
oversight and untimely update of his adjusted MSD after he
participated.
The complete A1K advisory is at Exhibit E.
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 14 Jan 15 for review and comment within 30 days
(Exhibit F). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Having carefully reviewed this application, we agree with
the recommendations of the Air Force offices of primary
responsibility and adopt the rationale expressed as the basis
for our decision that the applicant has been the victim of
either an error or an injustice. Therefore, we recommend the
applicants records be corrected to adjust his MSD to 4 Sep
13 with the associated pay and points for duties performed from
13 Jul through 4 Sep 13. Therefore, we recommend the
applicant's records be corrected as indicated below.
4. The applicants 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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
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 transferred to the Retired Reserve List on 13 Jul 13 but was
continued to perform duties for pay and points with a Mandatory
Separation Date (MSD) of 4 Sep 13 and on 5 Sep 13 was
transferred to the Retired Reserve List.
The following members of the Board considered AFBCMR Docket
Number BC-2013-05293 in Executive Session on 26 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 23 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 26 Sep 14.
Exhibit E. Memorandum, AFRC/A1K, dated 8 Jan 15.
Exhibit F. Letter, SAF/MRBR, dated 14 Jan 15.
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