RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02000

XXXXXXXXXXX	COUNSEL: XXXXXXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His Mandatory Separation Date (MSD) be adjusted. 

APPLICANT’S CONTENTIONS

He has a total break in active service of six years and believes his time spent in the Individual Ready Reserve (IRR) and Inactive Status List Reserve Section (ISLRS) should not be included when calculating his MSD.  He has recently accepted a XXXXXXXX position with the [State] Air National Guard.  The additional four years of added service would allow him to take the position and provide the [State] Air National Guard a rated officer with two years of joint service to help build their Joint State Staff.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard (ANG) lieutenant colonel (O-5) awaiting retired pay at age 60.

On 20 May 93, according to Special Order XXXXX, the applicant was extended federal recognition (commissioned) as a second lieutenant. 

According to applicant’s Air National Guard Officer Personnel Brief, he has an MSD of 1 Jun 21.  The brief also shows:

a.	On 19 May 04, he was assigned to the IRR.

b.	On 19 May 06, he was assigned to the ISLRS.

c.	On 11 Jul 09, he was assigned as an Air Liaison Officer.

d.	On 2 Jun 21, he was placed on the Retired Reserve List, awaiting pay at 60.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE	

Air Force Manual 36-2604,  Service Dates and Dates of Rank, Table 2.1 states if the service date to be computed is the TFCSD [Total Federal Commissioned Service Date] and the individual is an officer, then this date includes all periods of federally recognized commissioned service, whether active or non-active duty.  When there is no break in commissioned service from the date of acceptance of original commission or from the date of original federal recognition, the TFCSD is the date of acceptance of original commission or the date of federal recognition, as appropriate.  When there is a break, the TFCSD is adjusted, as required, due to creditable/non-creditable service.  For ANG officers all service in a federally recognized commissioned status in the National Guard is included.

Air Force Instruction (AFI) 36-3203, Service Retirements, dated 29 Jan 21, Table 5.2.  Mandatory Retirement for all Reserve Officers, states that if an officer is a lieutenant colonel and completes 28 years of commissioned service and is approved by the Secretary of the Air Force for continuation beyond retirement eligibility, the member must retire by the MSD established in law by the first day of the month after the month in which the officer completes 28 years of commissioned service.  Authority:  Title 10, United States Code, Section 14507.

Title 10, United States Code, Section 14507 (a), Removal from the reserve active-status list for years of service, reserve officers who hold the grade of lieutenant colonel or commander, and is not on a list of officers recommended for promotion to the next higher grade, shall be removed from that list on the first day of the month after the month in which the officer completes 28 years of commissioned service.

AFI 36-2115, Assignments within the Reserve Component, dated 8 Apr 05.  Reassign officers to the ISLRS if they do not get a participating assignment after 2 years, unless eligible for retirement.  The ISLRS consists of reserve officers without a military service obligation who have gone over the 2 year limit.  Reserve officers generally remain assigned to ISLRS for three years after which time they should be screened for discharge.  The criteria for screening includes giving officers who do not qualify for retention in the ISLRS the following options; apply to Retired Reserve, if eligible; take a participating ready reserve assignment, if eligible; resign their commission.

AIR FORCE EVALUATION

ARPC/DPAM recommends denying the application.  Based upon documentation provided by the applicant, his official military personnel record, and analysis of the facts, there is no evidence of an error or injustice.  There are no breaks in service in the applicant’s history that would allow for an adjustment to his TFCSD.  The applicant was commissioned as a second lieutenant on 20 May 93, which established his TFCSD as 20 May 93.  The record shows from 19 May 04 to 18 May 06, he was assigned to the IRR; from 19 May 06 to 10 Jul 09 to the ISLRS; and on 11 Jul 09, he was assigned to a participating position with an ANG unit.  Although the applicant contends he was discharged from May 09 to Jun 10, the record shows he was assigned to an ANG unit on 11 Jul 09 and his participation was recorded as being a satisfactory service year.  The assignments to the IRR and ISLRS were in accordance with the provisions of AFI 36-2115.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 14 Feb 22 for comment (Exhibit D), and the applicant replied on 13 Mar 22.  In his response, the applicant contended that the Chief of Staff, [State] Joint Force Headquarters - Air ([State] JFHQ-Air) stated that he fully supports the applicant’s request and that his continued service and experience is not only necessary for the continued readiness of the [State] JFHQ-Air Staff, but simply unmatched and cannot be otherwise located or assigned.

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant's complete submission was thoroughly reviewed, and his contentions were duly noted.  However, the Board does not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by ARPC/DPAM.  Therefore, in the absence of sufficient evidence the applicant had a break in service that would allow for an adjustment to the TFCSD or he was treated differently from others similarly situated, the Board concurs with the rationale and recommendation of ARPC/DPAM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-02000 in Executive Session on 3 Mar 22 and 24 Mar 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPAM, w/atch, dated 10 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 14 Feb 22.
Exhibit E: Applicant’s Response, dated 13 Mar 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.