RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05455

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His mandatory separation date (MSD) of 1 May 12 be corrected/adjusted allowing him sufficient time to serve in the grade of lieutenant colonel (O-5) to retire in said grade.  

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APPLICANT CONTENDS THAT:

He is being forced to retire as a major (O-4) due to an improper 28 year “look-back” in determining his MSD by including years of commissioned status in which he was not permitted to serve as a result of errors made by the Air Reserve Personnel Center (ARPC) when he separated from active duty on 20 Nov 96.  Additionally, ARPC failed to notify him that an MSD would be established upon promotion to lieutenant colonel (O-5).  Were it not for this error, he could have taken action to fix his problem prior his MSD being established; for example, he could have turned down the promotion and continued to serve in the grade of major    (O-4).  

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

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 13 Apr 84.

On 30 Nov 96, the applicant was honorably discharged in the grade of captain (O-3) for twice non-selection for permanent promotion.  He accepted $54,123.30 in separation pay and agreed to serve in the Ready Reserve for three years as required by 10 U.S.C. Section 1174. 

On 8 Jan 04, according to documents provided by the applicant, he was notified by ARPC/DPABA that a recent audit revealed he was not properly processed into the Ready Reserve as a condition for receiving separation pay.  ARPC/DPABA also informed him he could be eligible for promotion consideration by a Special Selection Board (SSB).

On 26 Oct 04, the applicant was selected for promotion to the Reserve grade of major (O-4) with a date of rank and promotion effective date of 1 Oct 98. 

On 10 Apr 06, as a result of the applicant’s request before the AFBCMR (AFBCMR Docket Number BC-2004-03564) to restore lost points, lost pay, compensation for lost promotion opportunities, retirement consideration, correct his DD Form 214, and correct his reserve status after separation from the Regular Air Force,  a directive was published directing that the applicant’s records be corrected to reflect that the period 1 Dec 96 through 30 Nov 99 were satisfactory years of reserve service and creditable for the purpose of Reserve retirement.  It was further directed that the applicant’s records be corrected to reflect he was assigned to the Inactive Status List Reserve Section on 1 Dec 99.  

On 20 Sep 13, the applicant was selected for promotion to the Reserve grade of lieutenant colonel (O-5) with a date of rank and promotion effective date of 1 Oct 13.  As the law limits a lieutenant colonel to 28 years of service, and because of the aforementioned correction of the applicant’s records, his selection for promotion generated a retroactive MSD of 1 May 12 (28 years of commissioned service).

On 31 Oct 13, according to documents provided by the applicant, ARPC notified him that his MSD expired on 1 May 12 and he was to be immediately transferred to the retired reserve.  

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 attached at Exhibit C.    

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AIR FORCE EVALUATION:

ARPC/DPTT recommends this application be approved.  The applicant was promoted to lieutenant colonel effective 1 Oct 13, which generated an MSD of 1 May 12, based upon his 13 Apr 84 Total Federal Commission Service Date (TFCSD).  Letters notifying members of their expiring MSDs are mailed one year in advance.  However, the applicant was promoted on 1 Oct 13, he did not have a MSD, and therefore, did not appear on any MSD roster until Oct 13 when his name appeared on the overdue MSD roster.  A directive from a previous BCMR application corrected errors in his records, but the applicant should not be penalized for administrative errors regarding almost five extra years he spent in the Inactive Status List Reserve Section.  This office recommends the applicant’s MSD be extended from 1 May 12 to at least six months past the date he is returned to his participating status to allow him sufficient time to retire as a lieutenant colonel.  AFI 36-3209, Chapter 5.14.2 state that, “Time in grade requirement reduces to six months if the officer is involuntarily separated from active status due to age or years of service.”   

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Jan 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant argues that he is being forced to retire as a major due to an improper 28-year “look-back” in determining his MSD by including years of commissioned status in which he was not permitted to serve as a result of errors made by the Air Reserve Personnel Center (ARPC) when he separated from active duty on 20 Nov 96. After a thorough review of the evidence of record and the applicant’s complete submission, we agree.  In this respect, we note the comments by the Air Force office of primary responsibility (OPR) indicating a directive from a previous BCMR application resulted in the removal of a five-year break in service.  However, said correction to the applicant’s record resulted in the five-year break being counted as creditable service, resulting in the retroactive MSD being established when he was selected for promotion to lieutenant colonel (O-5).  In our view, the applicant should not be forced to retire as a major when it was his selection for promotion to lieutenant colonel that caused his retroactive MDS to be established.  Therefore, we believe it appropriate to recommend his records be corrected to reflect that competent authority extended his MSD to allow him to qualify for retirement in the grade of lieutenant colonel (O-5) and that he be credited with sufficient points to ensure the period of said extension is creditable service for the purposes of retirement.  In determining the appropriate credit to be awarded to the applicant, we calculated the average of the applicant’s participation in the last five years.  Therefore, we recommend the applicant’s records be corrected as indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a.  On 1 October 2013, competent authority approved the extension of his mandatory separation date (MSD) until 15 April 2014.

	b.  He was awarded 32 paid inactive duty training (IDT) points and 7 membership points for the retention/retirement (R/R) period 15 October 2013 through 14 April 2014, resulting in 39 total retirement points and six months of satisfactory Reserve service.

	c.  On 15 April 2014, he was transferred to the Retired Reserve in the grade of lieutenant colonel (O-5).  

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The following members of the Board considered AFBCMR Docket Number BC-2013-05455 in Executive Session on 11 Sep 14, under the provisions of AFI 36-2603:

	
The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Nov 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 13 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 14.