RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00270
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Total Federal Commissioned Service Date (TFCSD) and his Mandatory Separation Date (MSD) be adjusted to allow him more time in the service. 

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APPLICANT CONTENDS THAT:

He has two inactive duty periods in his service record (no service-no pay-no points) that were unjustly included in the calculation of his TFCSD and MSD.  The first period of inactive duty was from 6 June 1978 to 13 May 1979.  He waited almost one year to enter pilot training, as there was a shortage of pilot training slots.  The second period was from 1 January 1996 to 20 May 1997.  He had separated under the Voluntary Separation Incentive Force Reduction Program and had spent three years in the Standby Ready Reserve until 1 January 1996 when he was placed on the inactive status list.  Both periods add up to 2 years and 126 days.  He contends because of the 2 years and 126 days that he was not able to truly serve for his allotted 28 years.  He has just recently realized what the inclusion of these inactive periods mean to him, his career, and his potential for promotion to colonel.

In support of his appeal, the applicant has provided a personal statement, letters of support from his chain of command, personnel information, point credit information, and a Report on Individual Personnel (RIP).

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

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STATEMENT OF FACTS:

Applicant, a member of the Indiana Air National Guard (INANG), began his military career on 24 September 1974 but did not start earning points until 6 June 1978 when he received his commission as a result of successfully completing the Reserve Officer Training Corps (ROTC) program.  On 13 May 1979, he was assigned to the 14th Student Flight as a student pilot.  He went on to serve on active duty as a fighter pilot from August 1980 to 1 January 1993 when he was transferred to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS).  He was transferred to the Inactive Status List Reserve Section (ISLRS) on 1 January 1996.  On 20 May 1997, he continued his military career by accepting an appointment with the INANG.  He is currently serving with the INANG as the State Director of Operations.  He is serving in the grade of lieutenant colonel with a mandatory separation date of 1 July 2006.  He has 22 years of satisfactory service towards a Reserve retirement.

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AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  DPFOC cites Air Force Instruction 36-2604, Service Dates and Dates of Rank, wherein it is stated both periods of duty he disputes as part of the calculation of his MSD and TFCSD are valid service dates and are to be used to calculate an officer’s MSD and TFCSD.

DPFOC’s complete evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

While he is aware of the Air Force policy of including periods of inactive duty in service calculations, he feels the application of this policy in his unusual case is unfair, as it will force him to retire prior to truly serving his full complement of 28 years and prevent him from competing for promotion.  He does not believe the 28-year limit for time should be applied in cases of fragmented careers such as his.  The recent United Airlines bankruptcy has had a major impact on his life as it has caused him to take a 48% pay cut and a reduction in medical and retirement benefits.  The medical benefits are particularly important as his family includes a special needs child.  A forced retirement in 2006 will create a financial burden for his family.

He asks that the Board consider granting a waiver or exception to policy to allow him to continue serving.

Applicant’s complete response is at 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2005-00270 in Executive Session on 25 October 2005, under the provisions of AFI 36-2603:

					 , Panel Chair
					 , Member
					 , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated. 
    Exhibit B.  Letter, ANG/DPFOC, dated 18 Jul 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Aug 05.
    Exhibit D.  Letter, Applicant, dated 17 Aug 05.

 
                                   Panel Chair