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AIR FORCE BOARD FOR’CORRECTION OF MILITARY RECORDS
ADDENDUM TO
RECORD OF PROCEEDINGS
IN THE MATTER OF:
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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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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.
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Y C. SAUNDERS
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DEPARTMENT OF THE AIR FORCE
WASHINGTON, 0. C.
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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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