RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01931

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

1. His mandatory separation date (MSD) be set to 1 May 2018 in accordance with 10 U.S.C. § 14507 to meet 28 years of his Total Federal Commissioned Service Date (TFCSD).

2. His MSD be extended to 1 May 2024.

APPLICANT’S CONTENTIONS

Upon entry into the Air National Guard (ANG) in 2007, ANG Accessions established his MSD to correspond with his 60th birthday (14 November 2025).  While computing his Total Federal Commissioned Service Date (TFCSD) for promotion, it was discovered there was no supporting documentation for his MSD.  In addition, although he separated from the Navy in 1996 to serve his remaining two-year Military Service Obligation (MSO) in the Individual Ready Reserve (IRR), he was never separated from the IRR following MSO completion until his accession into the ANG in 2007.  As a result of these two events, an objective review of his record shows he is past his eligible time to serve.  This administrative error was made outside of his control.  This adjustment will legally allow for an additional extension request from 1 May 2024 to 30 November 2025 in order to fulfill the service retainability in place at the time of his promotion to colonel.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving ANG colonel (O-6) with prior service in the U.S. Navy.

Special Order XXX, dated 3 April 2007, reflects the applicant was appointed as a lieutenant colonel in the ANG effective 22 March 2007.  He was assigned as a Dentist with a Primary Air Force Specialty Code (PAFSC) and Duty Air Force Specialty Code (DAFSC) of 47G1.

The Military Personnel Data System (MilPDS) reflects the following:

a.  The applicant’s DIEUS [Date Initially Entered Uniform Service] reflects 11 April 1990.

b.  The applicant was promoted to the rank of colonel effective and with a Date of Rank (DOR) of 8 June 2022.

c.  The applicant’s DAFSC reflects 40C0.  His Duty title reflects Medical Group Commander.

d.  The applicant’s Date of Separation reflects 14 November 2025.

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 accessed into the ANG in April 2007 after prior service with the U.S. Navy in the rank of lieutenant colonel.  The applicant’s MSD was previously established by the U.S. Navy under 10 U.S.C. § 14509 and set to his 60th birthday.  Upon accession to the ANG in 2007 this date was not verified by policy, only confirmed in MilPDS as the system reflected the appropriate retainability necessary to bring the applicant into the ANG.  The applicant was subsequently promoted to colonel effective 8 June 2022.  When the promotion consummated in MilPDS, the MSD reverted to 1 May 2020, the date in which the applicant would have achieved 30 years TFCS as a colonel (under 10 U.S.C. § 14507).

Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  The applicant was incorrectly assessed using 110 U.S.C. § 14509 vice 10 U.S.C. § 14507.  10 U.S.C. § 14509 was not applicable to the applicant when his MSD was established by the U.S. Navy, nor at the time of his accession into the ANG.  His MSD should have been established under 110 U.S.C. § 14507, setting the applicant’s MSD to 1 June 2018 to coincide with his 28 years TFCS.  Because the applicant’s record was insufficiently audited upon assessment into the ANG, the incorrect MSD remained in MilPDS, and he continued to serve under the erroneous MSD of 14 November 2025.  This error was further compounded upon being promoted to colonel effective 8 June 2022, when the system re-calculated his MSD to reflect a new date of 1 May 2020 based on 10 U.S.C. §  14507.  The error in the record was not the applicant’s fault.  If the MSD was established correctly to 1 June 2018, he could have requested subsequent extensions under 10 U.S.C. §  14703, which would have provided him the opportunity to continue to serve.  MSD extensions are done in three-year increments which would have allowed the applicant to submit for two extensions in this time frame and would have ultimately resulted in his last MSD extension taking him to 1 June 2024.  NGB/A1 is the approval authority for these requests and had this request been timely processed, NGB/A1 would have staffed for approval and updated the pertinent records to reflect the requested MSD of 1 June 2024.  
 
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 17 August 2022 for comment (Exhibit D).  The applicant replied indicating he agrees with the advisory opinion and has no additional content to add in support of his appeal.

The applicant’s 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 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.

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 pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show the Mandatory Separation Date be established as 1 May 2018 with a mandatory separation reason of 10 U.S.C. §  14507 and approving two subsequent Mandatory Separation Date extensions, granting a new Mandatory Separation Date of 1 June 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-2022-01931 in Executive Session on 29 September 2022:

, 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 20 July 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 10 August 2022.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 August 2022.
Exhibit E:  Applicant’s Response, dated 17 August 2022.

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.