RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01249
		INDEX CODE: 135.00

		COUNSEL:  NONE

		HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE:  26 OCT 2008

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APPLICANT REQUESTS THAT:

His AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, (Reserve Order 0023), 27 Sep 04, Item 14, be amended to read 1 Oct 04 rather than 4 Oct 04. 

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APPLICANT CONTENDS THAT:

Because of a three-day break in service, from 1 – 3 Oct 04, he lost over three and a half years of medical benefits under the Tricare Reserve Select Program.

Applicant served on active duty continuously from 22 Jan 02 through 30 Sep 04, assigned in different intelligence related positions at the major-command level and the Defense Intelligence Agency (DIA).  On 4 Oct 04, he started a new extended active duty (EAD) tour and served until his separation on 7 Jul 05.  His tours consisted of a combination of an involuntary Presidential Recall as well as voluntary military personnel appropriation (MPA) man-day tours on EAD.  Congress passed legislation allowing military members who were on extended active duty after 9/11 to have free medical benefits under the Tricare Reserve Select Program, upon their separation from extended active duty.  After the applicant’s separation on 7 Jul 05, he was advised that he would only be eligible for six months of Extended Tricare benefits; however, if he had not had the three-day break in service, he would have been eligible for two and a half years of Extended Tricare coverage.  Since his six months of Extended Tricare coverage expired, he has expended over $3500 in Tricare Reserve coverage, which he should have received for free.  

As a veteran of the Vietnam Era, Desert Shield/Storm and Iraqi Freedom, he feels he has supported his country on a voluntary basis far beyond most citizens and will continue to support his country and the Air Force until his retirement in November of this year.  He has responded to the call and would have it no other way, then or now.

In support of his appeal, applicant submitted a personal statement; copies of his Reserve Orders, with amendments; his congressional response to his member of congress, and other supporting documents.

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

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STATEMENT OF FACTS:

Applicant is an individual mobilization Augmentee (IMA) assigned to Defense Intelligence Agency (DIA).  His is currently serving in AFSC 1N000, with a Duty Title of Intelligence Applications and Exploitation Chief Enlisted Manager (CEM).  

Applicant has a paydate of 21 Aug 90.  He contracted his most recent enlistment on 20 Feb 01 for a period of six years.  He was promoted to the rank of Chief Master Sergeant with a date of rank (DOR) of 1 Mar 04.  Applicant current expiration term of service (ETS) is 29 Nov 07.  His has been credited with 23 years, 10 months and 1 day of satisfactory federal service.

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AIR FORCE EVALUATION:

HQ AFRC/A1B reviewed this application and recommended denial, stating, in part, they could not recommend recovery of the 3 MPA days at their level of command when all orders were executed properly and the member did not meet the TRS application suspense.  After their investigation and through coordination with the Readiness Management Group (RMG), they discovered the following:

		a.  The MPA orders published by DIA were prepared and executed in accordance with AFI 36-2619, MPA Man-day Program, supporting the needs of the Air Force.
		b.  Based on mission requirements, DIA published a new set orders effective 4 Oct 04.  His previous orders completed 30 Sep 04; coinciding with the end of the fiscal year.
		c.  Applicant failed to enter into a service agreement and elect TRS prior to leaving active duty therefore eliminating his entitlement.

HQ AFRC/A1B’s complete 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 20 Jun 07 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 Board noted the orders were published and executed in accordance with AFI 36-2619, MPA Man-day Program, based on the needs of the Air Force and the supporting agencies requirements.  The applicant’s previous orders ended 30 Sep 04 to coincide with the end of the fiscal year.  The Board noted that applicant’s previous and subsequent orders were in support of Operation ENDURING/IRAQI FREEDOM.  While we cannot determine with any certainty the circumstances surrounding the start date of the applicant’s EAD orders, we believe the applicant applied reasonable diligence in trying to resolve this matter beforehand.  Therefore, having no reason to question the facts as stated by the letter of support on the applicant’s behalf, we do not believe the applicant should be penalized for events that were beyond his control.  Accordingly, we recommend the applicant’s orders be amended to reflect a start date of 1 Oct 04.  

4.  The applicant's 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 issue involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the AF Form 938, Request and Authorization for Active Training/Active Duty Tour, Reserve Order No. RO-0023, dated 27 September 04, Item 14, Reporting Data, be amended to read 1 October 2004 rather than 4 October 2004.  

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The following members of the Board considered AFBCMR Docket Number BC-2007-01249 in Executive Session on 30 August 2007, 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 27 Feb 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFRC/A1B, dated 18 Jun 07.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.