Search Decisions

Decision Text

AF | BCMR | CY1998 | 9601276
Original file (9601276.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

ADDENDUM TO 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER: 96-01276 

COUNSEL:  None 

HEARING DESIRED:  Yes 

RESUME OF CASE: 

In an application, dated 2 May 1996, the applicant requested the 
following: 

a. He be promoted to the grade of major, effective 24  July 
1994  (the date he was promoted to the grade of major under the 
Reserve Officer Promotion Act  (ROPA) . 

b. He be voluntarily retired in the grade of major based on 
20  years  of  service,  effective  the  first  day  of  the  month 
following the Board's  decision. 

c. He be given a modified retirement ceremony. 

d. He  be  entitled  to  all  back  pay  and  allowances  and 

reinstatement of full benefits and privileges. 

e. He receive monetary compensation for lost benefits. 

f. He  receive compensation for leave days  that  would  have 

accumulated while on active duty. 

g. He  receive compensation  for  the  purchase  of  a  home  in 

Denver , Colorado. 

h. The government  assist him  in placement  in a  government 

job in the pay scale of GS-10 or higher. 

i. He  receive  an  apology  from  the  Secretary  of  the  Air 

Force signed by a lieutenant general or higher. 
On 21 May  1997,  the Board  considered the application and  found 
sufficient  evidence  to  warrant  providing  the  applicant 
consideration  for  promotion  by  an  SSB  for  the  CY92  Major 
Selection Board.  However, the Board found insufficient relevant 
evidence  had  been  presented  to  demonstrate  the  existence  of 
probable  error  or  injustice  regarding  the  remainder  of  his 
requests.  A  complete  copy  of  the  Record  of  Proceedings  is 
attached at Exhibit L. 

On 12 January 1998, the applicant was considered and selected for 
promotion  to  the  grade  of  major  by  an  SSB  for  the  CY92 Major 
Selection Board. 

In  letters,  dated  16  January  1998  and  19  March  1998,  the 
applicant  requested  reconsideration  of  his  application  and 
provided additional evidence.  Applicant's  complete submissions, 
with attachments, are attached at Exhibits M and N. 

On 30 April 1998, the Senate confirmed the applicant's promotion 
to the grade of major. 
In  a  letter,  dated  3  August  1998,  the  applicant  amended  his 
request to  indicate that  he  was  requesting  retirement  in the 
grade  of  major  as  of  the  date  of  the  Board's  decision. 
Applicant's  complete submission is attached at Exhibit 0. 

THE BOARD CONCLUDES THAT: 
Sufficient relevant  evidence has  been  presented  to  demonstrate 
the existence of probable error or injustice.  In this respect, 
we  note  that  the  applicant  was  considered  and  selected  for 
promotion  to  the  grade  of  major  by  the  CY92  Major  Selection 
Board.  The  applicant  notes  that  he  was  promoted  to, and  has 
served  in  the  Reserve  grade  of  major  since  his  release  from 
active duty for virtually the same length of time he would have 
held the grade on active duty.  In view of the results of the S S B  
and given the applicant's desire not to return to active duty, we 
believe  the  applicant  should  be  retired  for  length  of  service 
effective 1 August 1998.  Although the applicant has requested to 
be  retired effective the date of  the Board's  decision, since a 
member  must  be  retired  effective  the  first  day  of  the  month 
(unless for disability reasons), we have selected 1 August  1998 
as the effective date of his retirement.  Therefore, we recommend 
his records be corrected to the extent indicated below. 

THE BOARD RECOMMENDS THAT: 

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

a.  He  was  not  released  from  active  duty  on  31  December 
1992, but was continued on active duty and was ordered Permanent 
Change  of  Station  (PCS) to  his  home  of  record pending  further 
orders. 

b.  On  31 July  1998,  he  was  released  from  extended active 
duty and on 1 August  1998,  he  retired for length of  service in 
the grade of major. 

2 

. c 

The following members of the Board considered this application in 
Executive Session on 18 August 1998, under the provisions of AFI 
3 6 - 2 6 0 2  : 

Mr. Henry C. Saunders, Panel Chair 
Mr. Dana J. Gilmour, Member 
Ms. Ann L. Heidig, Member 
Mr. Phillip E. Horton, Examiner (without vote) 

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

Exhibit L.  Record of Proceedings, dated 11 Jul 97, w/atchs. 
Exhibit M.  Letter, Applicant, dated 16 Jan 98, w/atchs. 
Exhibit N.  Letter, Applicant, dated 19 Mar 98, w/atchs. 
atchs. 
Exhibit 0. Letter, Applicant, dated 

C. SAUNDERS 
Chair 

3 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, D. C. 

cI1 i  I 1  7998 
d ‘rD 

Office of the Assistant Secretary 

AFBCMR 96-0 1276 

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: 

records of the Department of the Air Force relating to 
rrected to show that: 

9 

a.  He was not released from active duty on 3 1 December 1992, but was continued 

on active duty and was ordered Permanent Change of Station (PCS) to his home of record 
pending further orders. 

b.  On 3 1 July 1998, he was released from extended active duty and on 1 August 

1998, he retired for length of service in the grade of major. 

Air Force Review Eoards Agency 



Similar Decisions

  • AF | BCMR | CY1998 | 9502003B

    Original file (9502003B.doc) Auto-classification: Denied

    On 29 Jun 98, the applicant provided additional documentation through his senator and requests the Board reconsider his requests and award him 100% disability retirement from the Air Force and change his DOR to 15 Dec 81 (see Exhibit S). _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief Medical Consultant, AFBCMR, SAF/PC, reviewed applicant’s request and indicated that all evidence of record points to the applicant having been...

  • AF | BCMR | CY1998 | BC-1995-02003B

    Original file (BC-1995-02003B.doc) Auto-classification: Denied

    On 29 Jun 98, the applicant provided additional documentation through his senator and requests the Board reconsider his requests and award him 100% disability retirement from the Air Force and change his DOR to 15 Dec 81 (see Exhibit S). _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief Medical Consultant, AFBCMR, SAF/PC, reviewed applicant’s request and indicated that all evidence of record points to the applicant having been...

  • AF | BCMR | CY1998 | 9702915

    Original file (9702915.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). While the applicant may believe he received unfair treatment due to not fitting the perceptions of his senior rater, the Performance Recommendation Form PRF) rendered for the CY94 major selection board appears appropriate in both narrative and overall recommendation and comments were congxuent with%he applicant’s record of...

  • AF | BCMR | CY1998 | 8800524

    Original file (8800524.pdf) Auto-classification: Denied

    The applicant's complete submission is attached at Exhibit N. THE BOARD CONCLUDES THAT: We have carefully reviewed the applicant's complete submission and the entire evidence of record; however, we still do not find a sufficient basis to excuse the untimely filing of the application for correction of military records. Accordingly, we again conclude that it would not be in the interest of justice to excuse the untimely filing of this application. The following members of the Board...

  • AF | BCMR | CY1999 | 9801410

    Original file (9801410.DOC) Auto-classification: Approved

    In the applicant’s case, the IPEB and FPEB during their evaluations both determined his condition as “May be Permanent.” The permanence determination of the applicant’s medical condition was based on the preponderance of medical evidence provided at the time of his medical evaluation. However, in our opinion, it appears that with proper rest and therapy, the applicant’s medical problem may have resolved itself within a reasonable period of time, he would have been able to return to his...

  • AF | BCMR | CY2006 | BC-2006-00134

    Original file (BC-2006-00134.doc) Auto-classification: Approved

    Therefore, he requests direct promotion to the grade of lieutenant colonel with date of rank determined as if he had met the CY02A selection board and a return to active duty in the Air Force as soon as possible. We note that the applicant in his rebuttal provides counter arguments to those made against his direct promotion: (1) He believes his promotion to lieutenant colonel is the “next appropriate step” given the AFBCMR’s determination in his prior case he had been the victim of an error...

  • AF | BCMR | CY2005 | BC-2006-00134

    Original file (BC-2006-00134.doc) Auto-classification: Approved

    Therefore, he requests direct promotion to the grade of lieutenant colonel with date of rank determined as if he had met the CY02A selection board and a return to active duty in the Air Force as soon as possible. We note that the applicant in his rebuttal provides counter arguments to those made against his direct promotion: (1) He believes his promotion to lieutenant colonel is the “next appropriate step” given the AFBCMR’s determination in his prior case he had been the victim of an error...

  • AF | BCMR | CY1995 | 9402521

    Original file (9402521.pdf) Auto-classification: Denied

    The applicant received a "Promote" recommendation on his Promotion Recommendation Form (PRF) for the CY92C Central Major Board. In JA's opinion, applicant's argument that the Air Force promotion board was illegal because the Air Force convened a single board consisting of panels rather than convening separate boards as required by the DOD Directive is without merit. 628(a) (2) requirement that an officer's "record be compared with a sampling of the records of those officers of the same...

  • AF | BCMR | CY1998 | 9702561

    Original file (9702561.pdf) Auto-classification: Approved

    A complete copy of the Air Force evaluation is attached at Exhibit D. The Staff Judge Advocate, HQ AFPC/JA, reviewed the application and believes that the relief sought by the applicant (with the exception of his request that his 1984 OER be removed) should be granted and the actions recommended by HQ ARPC/DA be taken in this case. The applicant submitted an application to the Air Force Board for Correction of Military Records (AFBCMR 95-01 971 , dated 21 July 1995) requesting he be...

  • AF | BCMR | CY1999 | 9900221

    Original file (9900221.doc) Auto-classification: Denied

    He was told that by signing the form declining retraining he would still receive his promotion to staff sergeant but wouldn’t be able to test under future promotion cycles. During the involuntary retraining selection phase, personnel are allowed to submit available AFSC choices; however, the final decision is based on the needs of the Air Force as determined by the Headquarters Air Force Personnel Center (AFPC). As such, there was no error or injustice in applicant’s selection for...