RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

		INDEX CODE 102.06 113.00  135.00
IN THE MATTER OF:	DOCKET NUMBERS:  BC-2002-03831
		
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Total Federal Commissioned Service Date (TFCSD) be adjusted from 19 Apr 73 to 22 Feb 78 by allowing him to resign his US Air Force Reserve (USAFR) commission on 30 Jun 79 and reappointing him on 4 May 84, thereby eliminating 4 years, 10 months and 3 days from his military service history and extending his mandatory separation date (MSD) from 30 Apr 03 to 28 Feb 08.

Or, in the alternative:

Adjust his TFCSD from 19 Apr 73 to 15 Dec 75 by allowing him to resign his US Air Force commission on 7 Sep 81 and reappointing him on 4 May 84, thereby eliminating 2 years, 7 months and 26 days from his military service history and extending his MSD [See Exhibit E].

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APPLICANT CONTENDS THAT:

On 27 Nov 02, he was advised by HQ ARPC that his TFCSD may be incorrectly stated.  While his current TFCSD was established when he was commissioned on 19 Apr 73, it was not readjusted when he reentered the active Reserves on 4 May 84 after almost 5 years of non-affiliation. He understands that his TFCSD should have been “stopped” when he resigned his commission on 30 Jun 79 and “adjusted or restarted” when he was re-appointed and re-commissioned on 4 May 84. Title 10, USC, Section 12732(b)(1) classifies, as non-creditable service, any “Service (other than active service) in an inactive section of the Organized Reserve Corps or of the Army Reserve, or in an inactive section of the officers’ section of the Air Force Reserves.” According to his military duty history, he was assigned to the inactive Reserves from 1 Jul 79 to 3 May 84 inclusive. Unfortunately, this period of time was incorrectly included in calculating his current TFCSD. His TFCSD should be recalculated to include only creditable service time during which he was affiliated with the US Air Force. This would extend his MSD, allowing him to further participate in the USAFR and provide requested leadership to the contracting career field and Hill AFB. 

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

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STATEMENT OF FACTS:

The applicant is currently an Individual Mobilization Augmentee (IMA) serving in the grade of colonel as a contracting officer at Hill AFB, UT. He was initially commissioned in the Air Force Reserve on 19 Apr 73 and entered active duty on 15 Jun 73. His TFCSD is currently 19 Apr 73.  He was released from active duty on 30 Jun 79 in the grade of captain and assigned to the Non-Affiliated Reserve Section (NARS) of the Air Force Reserve Active Status List (ASL) from 1 Jul 79 to 7 Sep 81 and later assigned to the Inactive Status List Reserve Section (ISLRS) from 8 Sep 81 to 3 May 84.  

The remaining relevant facts pertaining to this application are contained in the official documents provided in the applicant’s submission (Exhibit A), in his military records (Exhibit B), and the letters prepared by the appropriate office of the Air Force (Exhibit C). 

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AIR FORCE EVALUATION:

HQ ARPC/DPA indicates the applicant does not understand the actual background to the computation of a TFCSD. AFI 36-2604 states that the date includes “all periods of Federally recognized commissioned service, whether active or non-active duty.”  This includes all USAFR service: Reserve Active Status, Reserve Inactive Status and Reserve Retired Status. An adjustment of the TFCSD is only valid when a member has a break in commissioned service; therefore, a break would only occur when a member is involuntarily discharged from his officer status or voluntarily resigns his officer status and the resignation is approved, resulting in discharge from military service. There is no evidence in the applicant’s military history of an involuntary discharge from officer status or that he attempted to resign his Air Force Reserve commission.  The applicant’s commissioned service in the Air Force Reserve continued after his release from active duty on 30 Jun 79, contrary to his assertion that he should have been discharged from military service on that date. Instead, he was assigned to the NARS and later to the ISLRS. During these two assignments he was in a non-participating status but was still a commissioned officer with the grade of captain and remained a potential mobilization asset. His reference to Title 10, USC Annotated, Section 12732(b)(1) does not apply to the computation of TFCSD because this section is only concerned 
with the computation of years of service as it applies to the entitlement of retired pay at age 60. For example, the time he spent in the ISLRS is creditable commissioned service, but not creditable service that can be applied to his eligibility for retired pay at age 60. This section of Title 10 cannot be used to support a break in commissioned service. Unfortunately the applicant does not identify the office or the individual personnel technician he talked with at this headquarters on 27 Nov 02. The Personnel Support Division, Data Verification Branch (DPAFV) has no record of counseling this member on these matters and DPAFV is the office of primary responsibility for the computation of the TFCSD. The applicant has not supplied any evidence that he attempted to resign his USAFR commission during his assignments to non-participating status at HQ ARPC.  They cannot recommend the deletion or manipulation of his valid service history solely to achieve an extension of his MSD. 

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts he thought he created a break in his military service on 30 Jun 79 when he left active duty. His intent was to resign his commission. He was not properly advised during his active duty out-processing. He unknowingly followed incorrect instructions. His intent to have no association with the Air Force or the USAFR is supported by his non-participation from 1 Jul 79 to 3 May 84. He’s not solely trying to extend his MSD as implied by the advisory; he wants his records correctly stated. In Nov 02, during discussions with [a named individual] at ARPC/DPBS, he concluded that his TFCSD might be incorrectly calculated due to the way in which his departure from active duty occurred. He was never advised to visit ARPC/DPA. He had presumed his actions in Jun 79 were adequate to resign his commission; 23 years later he learned that he was incorrectly counseled. He is unsure what supporting documentation ARPC is referring to or wanting. He alleges he has subsequently learned from ARPC personnel that he should have had a second opportunity to resign his commission on 7 Sep 81 when he was transferred from the NARS to the ISLRS. He was never advised of this opportunity at that time. He offers this as an alternative remedy, which would adjust his TFCSD to 15 Dec 75. He claims ARPC personnel advised him that if his resignation were accepted on 7 Sep 81, most of the adjustments indicated as necessary in the advisory would not be required. He would find this recommendation equitable and fair.

He submits supporting statements from a major general at Ogden AFB and a colonel at Hill AFB who attest to the Air Force Reserve’s critical need for contracting officers of the applicant’s caliber. 

A complete copy of applicant’s responses, with attachments, are at Exhibit E.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that his TFCSD should be changed to either suggested date. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. His request and authorization for separation clearly indicates he was released, not discharged, from extended active duty. His Request and Authorization for Reserve Orders, dated 8 Sep 81, addressing him as a captain, USAFR, indicated he was relieved from the NARS and transferred to the ISLRS. This document also indicated he was precluded from promotion consideration and point gaining activities for retirement/retention. Further, he apparently was sent point credit summaries each year indicating that from 8 Sep 81-3 May 83 he was in the ISLRS (non-creditable service periods). The applicant was still a commissioned officer in a non-participating status when assigned to the NARS and the ISLRS, and the section of the law he cites does not apply. The applicant has not established to our satisfaction that he did not know the status he was in before Nov 02 as claimed, that he sustained a break in commissioned service, or that he intended to resign his commission in 1979 or 1981. Further, he had a continuous opportunity to resign his commission during the time he was in the NARS and the ISLRS. The applicant’s submission does not support his assertion that his TFCSD is incorrect or that he is the victim of an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered this application in Executive Session on 3 April 2003 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2002-03831 was considered:
w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPA, dated 19 Dec 02.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
   Exhibit E.  Letters, Applicant, dated 8 Jan & 17 Mar 03,
                 w/atchs.