RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01761

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His request for an extension of his Mandatory Separation Date (MSD) from 1 Mar 21 to 1 Mar 24 be approved.  

APPLICANT’S CONTENTIONS

He was approved for a state-to-state transfer from the Colorado (CO) Air National Guard (ANG) to the Iowa (IA) ANG, but required a MSD extension.  He submitted his request for the extension on 23 Feb 21 and was assured that it would be processed; however, due to new guidance on the MSD process, his request was delayed and was not processed prior to his 1 Mar 21 separation date.  While the guidance may have changed, this was after his extension request was received and he is not at fault for the extension not being processed in a timely manner.  

In support of his appeal, the applicant provides a copy of his MSD waiver extension request, along with various e-mail threads indicating the attempts to process his extension prior to his separation date.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-5).

On 23 Feb 21, a Request for Extension of MSD, provided by the applicant, shows his request for a MSD extension to 1 Mar 24.  

On 25 Feb 21, according to Special Order P-004450, dated 10 Mar 21, the applicant was discharged from the CO ANG and on 26 Feb 21, he was appointed to the IA ANG. 

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

AIR FORCE EVALUATION

NGB/A1PP, recommends granting the application. The applicant provided sufficient documentation, which showed that he accomplished all the necessary steps to transition from the CO to IA ANG prior to his MSD.  Additionally, the gaining state tried to coordinate with the losing state to execute the extension request prior to the applicant’s departure, but was unsuccessful. The delay in processing the applicant’s extension request was by no fault of the member, but appears to be a processing issue at the state level.  Due to this administrative delay, the applicant’s MSD expired after he was gained to the IA ANG.  NGB/A1 is the approval authority for these requests and had this request been timely processed, the request would have been approved and the applicant would have received a new MSD of 1 Mar 24.  

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 29 Jun 21 for comment (Exhibit D), and on 30 Jun 21 the applicant responded and concurred with the OPR recommendation (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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his mandatory separation date (MSD) extension request was approved with a date of 1 March 2024.  

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-2021-01761 in Executive Session on 20 Jul 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 28 Jun 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 29 Jun 21.
Exhibit E:	Applicant’s response, dated 30 Jun 21.

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.