RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02263 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His mandatory separation date (MSD) be waived and be extended to 1 June 2011. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He would like his MSD extended to allow time for a smooth transition through State Headquarters and the Georgia Air National Guard (GAANG) with the recent retirements of two senior medical officers. In support of his appeal, the applicant provides a copy of his MSD waiver package. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s MSD was 1 June 2010. The applicant submitted his waiver through appropriate channels on 9 June 2010, eight days after his MSD had expired. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends relief be granted. The Subject Matter Expert (SME) believes the applicant’s request for an MSD waiver was not received prior to the applicant’s MSD expiring because of an administrative oversight that occurred during the processing of the applicant’s initial MSD extension request through the Georgia Joint Force Headquarters (GA JFHQ). This oversight occurred because the GA JFHQ was unaware of the ramifications of the applicant’s MSD expiration. The complete NGB/A1PS evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Sep 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 warranting corrective action. The National Guard Bureau has addressed the issue presented by the applicant and we are in agreement with its opinion and recommendation. While it appears the applicant initiated a request for retention a few days prior to his MSD, through our internal review with the Secretary of the Air Force Personnel Council, who has final approval authority, we learned that had the appropriate actions required been completed prior to his MSD, the applicant’s request for an MSD extension to 1 June 2011 would have been granted. Additionally, in accordance with Title 10, United States Code (USC), 14703, medical professionals can extend their MSD up to their 67th birthday. Therefore, we recommend the applicant’s record be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. He was not relieved from his assignment and transferred to the Retired Reserve on 1 June 2010, but was continued in his reserve assignment. b. On 27 May 2010, he requested a waiver of his Mandatory Separation Date and his request was approved by competent authority pursuant to Title 10, United States Code, Section 14703, thereby establishing a new Mandatory Separation Date of 1 June 2011. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02263 in Executive Session on 23 February 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 1 Sep 10. Exhibit D. Letter, SAF/MRBR, dated 24 Sep 10.