RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03226 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Mandatory Separation Date (MSD) be extended in order for him to achieve an Air National Guard (ANG) retirement with 20 years of service. He would like his time in the Individual Ready Reserve (IRR) be removed in order to move his MSD forward. _________________________________________________________________ APPLICANT CONTENDS THAT: His MSD is currently 1 February 2011. If allowed, on 23 February 2011, he will have completed 18 years of satisfactory service which will put him in sanctuary and allow him to continue until he reaches 20 years of ANG service. He left his squadron in December 2000 while he and his wife pursued adopting a child. During this time, he was placed in the Non-Obligated Ready Personnel Section (NNRPS) for two years. On 2 December 2002, he was transferred to the Inactive Status List Reserve Section (ISLRS), where he remained until he acquired an assignment on 23 February 2004. He believes he was twice deferred for promotion to the grade of lieutenant colonel (O-5) because he had not completed the appropriate Professional Military Education (PME); however, he has since completed Air Command and Staff College (ACSC). An MSD extension would also allow him to be considered for promotion to the grade of lieutenant colonel in April 2011, and if selected, his MSD would be extended to 28 years of commissioned service. In support of his appeal, the applicant provides copies of his Air National Guard/United States Air Force Reserve Point Credit Summary Surf and Report of Adoption. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the ANG in the grade of major (O-4). He was released from the ANG on 1 December 2000 and transferred to the Non-Obligated Ready Personnel Section (NNRPS) for two years. On 2 December 2002, he was transferred to the Inactive Status List Reserve Section (ISLRS), where he remained until he acquired an assignment on 23 February 2004. The applicant was considered and non-selected for promotion to the grade of lieutenant colonel by the Calendar Year (CY) 2009 and the CY 2010 Air National Guard Line and Non-line Major and Lieutenant Colonel Promotion Selection Boards. On 30 July 2010, he was notified by the National Guard Bureau that his MSD was established as 1 February 2011 based on his twice non-selection for promotion. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states that in accordance with Air Force Instruction 36-2115, paragraph 4.4.2.7, Reserve officers generally remain assigned to ISLRS for three years after which time they can be screened for discharge. If the 1 year, 2 months and 21 days the applicant spent in ISLRS was removed, his record would show a break in service from 3 December 2002 thru 22 February 2004. If the break in service was to take place, his Total Federal Commissioned Service Date and Total Years Service Date should be changed to 1 November 1990. His Pay Date would be adjusted to 14 June 1990. However, his date of rank would still be 24 October 2002. Therefore, he would have met the same two promotion boards with no change in outcome. Removing his time in ISLRS will not change his MSD. In order to be eligible for Reserve Sanctuary, the applicant’s MSD would need to be extended to 24 February 2011. The complete DPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel indicates that his client was miscounseled, in that, his client’s unit personnel director informed him that his nonselection for promotion and his period of inactive status would not harm him as he would eligible to continue to serve until he reached 20 years of creditable service for retirement. This was incorrect. Therefore, approving the applicant’s request would not only allow him to reach retirement, but would also allow the Air Force to have the continued service of an officer with an unusually high level of experience and expertise. It is highly likely, based on his skills and qualifications; his client would be selected at a later board for promotion and will be able to continue to serve in positions of increased leadership and responsibility. This will result in an even greater impact on readiness and mission accomplishment in the Air Force. To grant his client’s request would be in the best interest of the Air Force and would avert an injustice. The Counsel’s complete response, with attachments, is at Exhibit E. The applicant indicates that his unit personnel director informed him that his non-selection for promotion would not affect him as he would continue to meet selection boards until he reached 20 years of service for retirement. Unfortunately, he based his decision of postponing his completion of ACSC on this misinformation. As an Instructor Pilot on the C-5 Galaxy, not only has he been through numerous expensive Air Force pilot courses costing the government millions of dollars, but it would be a shame for the squadron and its younger pilots to lose the experience that has taken 27 years of flying airplanes to gain. In addition, it would be a terrible injustice to fall two years short of finishing a great career and lose out on a Reserve retirement. He is asking the Board to allow him to continue his participation as an Instructor Pilot in the 137th Airlift Squadron at least until he has 20 eligible years of service for a Reserve retirement. He believes that his non-completion of ACSC has been the only thing preventing him from being promoted to lieutenant colonel. Now that he has completed ACSC, he feels optimistic about being promoted if given the opportunity. The applicant’s complete rebuttal, with attachments, is at Exhibit F _________________________________________________________________ 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 an injustice. We note the applicant was twice miscounseled about the procedures for submitting an MSD waiver. Subsequent to submitting an appeal to the Board, it was determined he had not exhausted his administrative remedies; however, due to the miscounseling, the applicant did not have enough time to submit a request for an MSD waiver prior to his separation. Therefore, based on the miscounseling he received, in addition to the strong support from his chain of command to retain the applicant, we believe it would be in the best interest of the applicant and the Air Force to correct his record in the following manner. _________________________________________________________________ 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 on 31 January 2011, but was continued in his Reserve assignment. b. On 30 November 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 31 January 2013. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03226 in Executive Session on 26 January 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2010- 03226 was considered: Exhibit A. DD Form 149, dtd 24 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPP, dtd 30 Sep 10. Exhibit D. Letter, SAF/MRBR, dtd 8 Oct 10. Exhibit E. Letter, Appl’s Counsel, dtd 2 Nov 10, w/atchs. Exhibit F. Letter, Applicant, dtd 4 Nov 10.