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AF | BCMR | CY1998 | 9402272
Original file (9402272.pdf) Auto-classification: Approved
I 

AIR FORCE BOARD FOR’CORRECTION OF MILITARY RECORDS 

ADDENDUM TO 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

z 

DOCKET NUMBER:  94-02272 
COUNSEL : 

HEARING DESIRED:  YES 

On  13  February  1991,  the  Board  favorably  considered  the 
applicant‘s  request  for  promotion  consideration  by  a  Special 
Review  Board  (SRB) for  the  Air  Force  Reserve  Colonel*’Overall 
Vacancy Selection Board with the Joint Service Commendation Medal 
awarded for the period July 1987 to May 1990 in his records. 
On  10  June  1991,  an SRB  was  conducted in conjunction with  the 
Fiscal Year 1992 Reserve of the Air Force Line/Health Professions 
Lieutenant  Colonel  Selection  Boards.  In  the  opinion  of  the 
voting members, the applicant should not  have  been  recommended 
for promotion  by  the  1  October  1990  Air  Force Reserve  Colonel 
Overall Vacancy Selection Board. 
On  31  December  1993,  the  applicant  was  involuntarily  retired 
under the Line Lt Col Tenure Program and assigned to the Retired 
Reserves.  The applicant is eligible to receive retired pay  at 
age 60. 
On 14 October 1997, the Board considered applicant‘s request for 
the following: 

1. The Officer Performance Reports  (OPRs) closing 30 June 
1990, 30 June 1991, 30 June 1992, and 30 June 1993, be declared 
void and replaced with reaccomplished OPRs. 

2 .   The  OPR  closing  31  December  1993,  be  filed  in  his 

records. 

3.  His corrected record be considered for promotion to the 

Reserve grade of colonel by a Special Review Board  (SRB). 

4. Reinstatement to active reserve status. 

The  Board  found  insufficient  evidence  to  warrant  voiding  the 
contested  reports.  However,  the  Board  was  persuaded  by  the 
General  Law  Division‘s  argument  that  the  Lieutenant  Colonel 

Tenure  Program  (LCTP),  when  applied  to  an  IMA,  like  the 
applicant, may  constitute an error or injustice. Therefore, the 
Board recommended the applicant's  transfer to RRS and  placement 
on the ISLRS, be voided and he be continued in an Active Reserve 
status until his mandatory separation date of 15 June 1996, and 
considered  for promotion  to the grade of  colonel by  a Special 
Review Board  (SRB)  for any Colonel Selection Board for which he 
would  have  been  eligible  to  be  considered  had  he  not  been 
transferred to RRS and ISLRS. .  In view of the applicant's  past 
active  participation  indicating  entitlement  to  more  than  the 
minimum  paid  points  for  the  period  in  question,  the  Board 
recommended  the  applicant's  records  be  corrected  to  reflect 
additional  points  and  satisfactory  service  for  retirement.  A 
complete copy of the Record of Proceedings is attached at Exhibit 
F. 
The  Memorandum  for  the  Chief  of  Staff, dated  16  March  1998, 
awarded  the  applicant  the  minimum  number  of  points  for 
satisfactory  service  for  the  Retention/Retirement  Years  ending 
(RYE) 22 March 1995, 22 March 1996, and 14 June 1996,  fExhibit 

In a letters, dated 7 and 22 October 1998, the applicant provides 
additional  documentation  and  requests  additional  point  credit 
based on his average attainment of 236 retirement points for the 
RYES  22  March  1994,  22  March  1995,  22  March  1996  and  14  June 
1996,  The  applicant  states  that  236  was  the  average  earned 
points  for each  retirement year  from  1991  through  1994.  The 
applicant  states  that  had  he  not  been  erroneously  retired  on 
30 December  1993,  he  would  have  at  least  continued  the  pre- 
approved  and  fully  funded  tour  he  was  serving  and  would  have 
earned an additional 57 Active Duty points for the RYE 22 March 
1994.  The applicant also requested that if  he  is not selected 
for promotion to the grade of colonel with the original OPRs that 
are  in his  selection folder, then the  Board  reconsider him  in 
light of  the  four replacement OPRs.  The  applicant's  complete 
submissions, with attachments, is attached at Exhibits H and I. 
The  applicant  was  considered  by  SRBs  and  not  recommended  for 
promotion to the grade of colonel for the Fiscal Year 1995  (FY95) 
and  FY96  Reserve  of  the  Air  Force  Colonel  Promotion  Boards 
(Exhibit J) , 

1.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  to 
warrant  awarding the applicant additional point  credit  for the 
contested period.  We note the Board previously determined that 
in view of the applicant's  past active participation, he  should 
be entitled to more than the minimum paid points for the periods 
in  question.  However,  the  implementing directive  awarded  the 

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applicant  only  the  minimum  points  required  for  satisfactory 
service, rather than the additional amount intended by the Board. 
Since it was the intent of the Board to make the applicant whole 
by  awarding  him  more  than  the  minimum  points  required  for 
satisfactory  service,  and  given  the  applicant I s  average 
retirement points earned  during  the  five-year period  preceding 
the  period  in  question,  we  believe  he  should  be  provided 
additional point  credit.  Furthermore, since the applicant was 
considered  for  promotion  by  SRBs  with  his  point  credit 
incorrectly  reflected,  we  also  believe  his  corrected  record 
should be considered for promotion by SRBs  for the FY95 and FY96 
boards.  Therefore, we recommend his records be corrected to the 
extent indicated below. 
2.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  to 
warrant  voiding  the  contested  reports.  After  reviewing  the 
applicant's  submission,  we  find  no  new  evidence  which  would 
persuade us that  the contested reports are in error or unjust. 
Therefore, in the absence of evidence to the contrary, we-find no 
compelling  basis  to  recommend  granting  this  portion  of  the 
application. 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that: 

a.  He was credited with an additional 57 paid active duty, 
6  nonpaid  inactive  duty, and  15  membership points  during  the 
retirement/retention year  23  March  1993  through  22 March  1994, 
resulting in 308 total points; and, that the period 23 March 1993 
through 22 March 1994  is a year of satisfactory Federal service 
for retirement. 

b.  He was credited with an additional 186 paid active duty 
points during the retirement/retention year 23 March 1994 through 
22  March  1995,  resulting  in  236  total  points;  and,  that  the 
period  23  March  1994  through  22  March  1995  is  a  year  of 
satisfactory Federal service for retirement. 

c.  He was credited with an additional 186 paid active duty 
points during the retirement/retention year 23 March 1995 through 
22  March  1996,  resulting  in  236  total  points;  and,  that  the 
period  23  March  1995  through  22  March  1996  is  a  year  of 
satisfactory Federal service for retirement. 

d.  He was credited with an additional 47 paid  active duty 
points during the retirement/retention year 23 March 1996 through 
14 June 1996, resulting in 59 total points; and, that during the 
period 23 March 1996 through 14 June 1996 he completed 2 months 
and 22 days of satisfactory Federal service for retirement. 

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. 
. 

I 

It  is  further  recommended  that  his  corrected  records  be 
considered  for  promotion  to  the  Reserve  grade  of  colonel  by 
Special Review Boards; that his record be evaluated in comparison 
with the records of officers who were  and were not selected by 
the  Fiscal  Years  1995  and  1996  Air  Force  Reserve  Colonel 
Promotion  Board;  and  that  the  recommendation  of  the  Special 
Review Boards be forwarded to the Air Force Board for Correction 
of Military Records at the earliest practicable date so that all 
necessary and appropriate actions may be completed. 

The following members of the Board considered this application in 
Executive Session on 7 December 1998, under the provisions of AFI 
36-2603 : 

Mr. Henry C.  Saunders, Panel Chair 
Mr. Allen BeCkett, Member 
Mr. Richard A.  Peterson, Member 
Mr. Phillip E. Horton, Examiner  (without vote) 

All  members voted  to  correct the records as  recommended.  The 
following documentary evidence was considered: 

Exhibit F.  Record of Proceedings, dated 16 Mar 98, w/atchs. 
Exhibit G.  Memo, SAF/MIB, dated 16 Mar 98. 
Exhibit H.  Letter, Applicant, dated 7 Oct 98, w/atchs. 
Exhibit I.  Letter, Applicant, dated 22 Oct 98, w/atchs. 
Exhibit J.  Letters, ARPC/DPJ, dat  27 Oct  8, w/atchs. 

L d  

Y C. SAUNDERS 

4 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, 0. C. 

4 :

.

 

-
, 

Office of the Assistant Secretary 

AFBCMR 94-02272 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

'litary records of the Department of the Air Force relating to 
be corrected to show that: 

a.  He was credited with an additional 57 paid active duty, 6 nonpaid inactive 
duty, and 15 membership points during the retirementhetention year 23 March 1993 through 
22 March 1994, resulting in 308 total points; and, that the period 23 March 1993 through 22 
March 1994 is a year of satisfactory Federal service for retirement. 

b.  He was credited with an additional 186 paid active duty points during the 
retirementhetention year 23 March 1994 through 22 March 1995, resulting in 236 total points; 
and, that the period 23 March 1994 through 22 March 1995 is a year of satisfactory Federal 
service for retirement. 

c.  He was credited with an additional 186 paid active duty points during the 
retirementhetention year 23 March 1995 through 22 March 1996, resulting in 236 total points; 
and, that the period 23 March 1995 through 22 March 1996 is a year of satisfactory Federal 
service for retirement. 

d.  He was credited with an additional 47 paid active duty points during the 

retirementhetention year 23 March 1996 through 14 June 1996, resulting in 59 total points; and, 
that during the period 23 March 1996 through 14 June  1996 he completed 2 months and 22 days 
of satisfactory Federal service for retirement. 

It is M e r  directed that his corrected record be considered for promotion to the Reserve 
grade of colonel by Special Review Boards; that his record be evaluated in comparison with the 
records of officers who were and were not selected by the Fiscal Years 1995 and 1996 Air Force 
Reserve Colonel Promotion Board; and that the recommendation of the Special Review Boards 
be forwarded to the Air Force Board for Correction of Military Records at the earliest practicable 
date so that all necessary and appropriate actions may be completed. 

. 



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