RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01721 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His mandatory separation date (MSD) be changed to 28 Feb 14. 2. He be restored to the position he held prior to his discharge. 3. His status as Chief Flight Surgeon, with the official anniversary date of 21 Apr 10, be restored. 4. His eligibility for the physician bonus be restored. ________________________________________________________________ APPLICANT CONTENDS THAT: He requested an extension of his MSD on 2 May 09 through his military personnel flight. He was never notified that his request was returned or disapproved and he continued to perform military duty through Apr 10. In support of his request, the applicant provides a copy of his original MSD extension request. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he served in the ANG in the grade of lieutenant colonel (O-5), effective and with a date of rank of 9 Jun 95. On 17 Feb 09, the ARPC/DPPRS notified the applicant that his MSD expired on 28 Feb 10 and advised him of the procedure for requesting an extension of his MSD. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and E. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PO recommends relief be granted, indicating the applicant submitted his request for an extension of his MSD on 2 May 09. According to correspondence received from the Arizona Air National Guard (ANG), it appears that his request was never forwarded to NGB due to an administrative error. The Arizona ANG has been advised to resubmit the MSD extension request in conjunction with the applicant’s submission of his AFBCMR application. A complete copy of the NGB/A1PO evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Dec 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAFPC recommends partial relief be granted, indicating they would have disapproved the applicant’s request for an adjusted MSD of 1 Mar 14 based on the documentation provided; however, they would have approved an alternate date of 1 May 13 to allow him to attain 20 years of satisfactory service for retirement. The rationale for this recommendation is that manning requirements do not support the applicant’s retention beyond his eligibility for retirement. A complete copy of the SAFPC evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant reiterates he is requesting an extension of his MSD to 1 May 2014, indicating he would be unable to attain 20 years of satisfactory service for retirement if his MSD were extended to 1 May 2013 as SAFPC recommends (Exhibit G). ________________________________________________________________ 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 error or injustice. The evidence of record indicates the applicant’s unit misplaced his request for an extension of his mandatory separation date (MSD). While it is clear the noted error caused the applicant to be discharged on his MSD and that some relief is warranted, we do not believe the requested relief is the most appropriate remedy in this case. In this respect, we note the comments by SAF/MRBP indicating they would have only approved an extension to the extent required to allow him the opportunity to attain 20 years of satisfactory service for retirement (1 May 2013). In response, the applicant notes that even if his record were corrected as recommended, he will be unable to attain the requisite service for retirement because he has been precluded from participating while awaiting the outcome of his instant case. However, we believe correcting the record to reflect his MSD was extended to 1 May 2013 as SAF/MRBP recommends, while crediting him with the pay and points necessary to make the period since his 1 Mar 10 separation satisfactory service for retirement, represents proper and fitting relief in this case. We note that reinstatement in the ANG is among the applicant’s requests. However, inasmuch as the Board lacks the authority to reinstate applicants into the ANG, we are unable to act on this aspect of his request. However, with this recommendation, the applicant is free to pursue his reappointment to the ANG or Air Force Reserve, provided he is otherwise qualified, in accordance with AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force. As for his request related to the physician bonus, we note the applicant’s unit had submitted a request for the bonus for the period May 09 through May 12; but he was unable to provide such service due to his mandatory separation. While we acknowledge that circumstances beyond the applicant’s control prevented him from rendering such service, the fact the Air Force did not receive the benefit of his service is an important consideration. Therefore, in view of the fact the applicant did not provide the service which the bonus was intended to secure, we are not convinced the applicant has suffered an injustice in this regard. 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 the APPLICANT, be corrected to show that: a. On 28 February 2010, his request for retention in an active status until 1 May 2013 was approved by competent authority. b. On 1 March 2010, he was not discharged from the Air National Guard (ANG), but on that date he continued to serve as a member of the ANG. c. He be awarded 15 paid active duty points, 20 paid inactive duty training (IDT) points, and 15 unpaid membership points for the retention/retirement (R/R) year 1 May 2010 through 30 April 2011, resulting in 50 total retirement points and one year of satisfactory Federal service for retirement. d. He be awarded eight paid active duty points, 10 paid inactive duty training (IDT) points, and seven unpaid membership points for the retention/retirement (R/R) year 1 May 2011 through 31 October 2011, resulting in 25 total retirement points and six months of satisfactory Federal service for retirement. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01721 in Executive Session on 1 Mar 11 and 4 Mar 11, under the provisions of AFI 36-2603: All members of the Board voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01721 was considered: Exhibit A. DD Form 149, dated 29 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1POE, dated 6 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10. Exhibit E. Letter, SAFPC, dated 9 Feb 11. Exhibit F. Letter, AFBCMR, dated 14 Feb 11. Exhibit G. Letter, Applicant, dated 21 Feb 10.