RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05135 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Total Active Federal Military Service Date (TAFMSD) be changed from 23 Jan 02 to 2 Jul 01 or in the alternative his TAFMSD be changed back to the original TAFMSD of 30 Sep 01. ________________________________________________________________ APPLICANT CONTENDS THAT: Due to the AFPC recalculating his TAFMSD, he was precluded from receiving Voluntary Separation Pay (VSP). He applied to separate under the VSP program. The Air Force Personnel Center (AFPC) calculated his TAFMSD as 30 Sep 01; however, six months later his TAFMSD was recalculated to a date that disqualified him from receiving the VSP. He would not have elected to separate were it not for the fact that AFPC erroneously advised him that he was eligible for the VSP. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Under the Fiscal Year 2007 (FY07) Force Shaping Program, VSP was one of the initiatives offered to officers in selected Air Force specialties and year groups with more than six and no more than exactly 12 years of service as an incentive to voluntarily separate. The applicant served in the Marine Corps Reserves from 11 Dec 97 to 10 Dec 01. On 3 Jul 02, he commenced his service in the Regular Air Force. On 26 Sep 02, the applicant was honorably discharged. On 27 Sep 02, he was commissioned as a Second Lieutenant (2Lt) in the Air Force Reserves. His TAFMSD was 30 Sep 01. On 17 Feb 07, the applicant’s service dates were reaccomplished to correct his active duty points. His service dates were changed to reflect he served in the Marine Reserves from 11 Dec 97 to 2 Jul 02. He served in the Regular Air Force from 3 Jul 02 through 26 Sep 02, and on 27 Sep 02, he was commissioned as a 2Lt in the Air Force Reserves. His TAFMSD was recalculated to 23 Jan 02. On 27 Sep 07, the applicant was honorably discharged with a narrative reason for separation as Separation as Force Shaping – VSP. He was credited with five years and three months of active duty service. 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 D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPV recommends granting the requested relief noting the applicant’s original TAFMSD was erroneously computed using inactive duty points instead of active duty points on his Career Retirement Credit Record from the Marine Corps Reserves. The recalculation of the applicant’s TAFMSD from 30 Sep 01 to 23 Jan 02 made him ineligible for the VSP as he would not have the requisite six years of active service. The applicant’s separation should have been delayed to allow him the opportunity to reach eligibility for the VSP. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C. AFPC/DPSOR defers to the Board to determine if the applicant should receive VSP. The applicant submitted an application for voluntary separation on 1 Aug 06. At the time of his application, his TAFMSD indicated he would have the required six years of minimum active duty service to qualify for VSP. AFPC/DPSOR approved his request to separate on 29 Sep 07. However, the applicant’s TAFMSD was subsequently corrected, rendering him ineligible for VSP, even though he already had an approved separation. Furthermore, MPF/CC had screened the applicant’s record and confirmed he was eligible for VSP. If AFPC/DPSOR had been notified of the change in the applicant’s TAFMSD, they would have been able to confirm he was ineligible for VSP. Should the Board determine the applicant should not receive VSP, his narrative reason for separation should be changed to “miscellaneous/general reasons” and his separation program designator to MND. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 Jul 13, for review and comment within 30 days. As of this date, no response has been received by this office. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting corrective action. The applicant contends that he would not have volunteered to separate were it not for the fact that he was erroneously advised that he was eligible for voluntary separation pay (VSP). After a thorough review of the evidence of record and the applicant’s complete submission, we agree. In this respect, we note the comments of AFPC/DPSIPV indicating the applicant’s total active federal military service date (TAFMSD) was initially mis-calculated, causing him to be erroneously advised that he was eligible for VSP, only for him to be discharged without VSP due to the re-calculation of his TAFMSD. However, while we believe a preponderance of the evidence indicates that corrective action is warranted, we are not convinced the requested remedy, adjusting changing the applicant’s TAFMSD, is appropriate in this case. In this respect, we note that doing so could have second and third order effects that cannot be predicted should the applicant decide to once again serve in the future. Instead, we believe it would be appropriate to correct the applicant’s record to reflect he completed six years of active service, thus making him eligible for VSP. We believe this constitutes full and fitting relief and therefore recommend the applicant’s records be corrected as indicated below. 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(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not discharged on 29 September 2007, but instead continued to serve on active duty until 22 January 2008, when he was honorably discharged, thereby entitling him to Voluntary Separation Pay (VSP) in accordance with the provisions of Military Personnel Flight Memorandum (MPFM) 06-50, Air Force Force Shaping Program, Fiscal Year 2007, dated 26 July 2006. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05135 in Executive Session on 8 Aug 13, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05135 was considered: Exhibit A. DD Form 149, dated 30 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIPV, dated 27 Nov 12, w/atchs. Exhibit D. Letter, AFPC/DPSOR, dated 24 May 13, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 5 Jul 13.