AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DGCKET NUMBER: 97-02088
COUNSEL: None
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to retire as a Chief Warrant Officer,
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of
Proceedings.
AIR FORCE EVALUATION:
The Retirement Ops Section, Directorate of Personnel Program
Management, AFPC/DPPRSO, reviewed this application and states
that currently, they have no provisions in their procedures or in
the law to allow retirement in the grade of chief warrant officer
To
and they have no authority to circumvent current laws.
clarify, this is not a matter of waiving an AF policy but,
rather, of circumventing the law in regard to the applicant's
record as it now exists. However, the AFBCMR has authority to
change an individual's records where they believe an error or
injustice exists. Since the applicant is a Captain on active
duty, they recommend no action be taken on this application until
he has an approved retirement date. At that time, the AFBCMR can
direct that the pertinent miiitary records of the Department of
the Air Force be corrected to show the applicant was retired in
the grade of Chief Warrant Officer (W-2).
A complete copy of the evaluation is attached at Exhibit C.
97-02088
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that
he would like to apply for retirement and have the AFBCMR direct
that his pertinent military records of the Department of the Air
Force be corrected to show he will be retired in the grade of
Chief Warrant Officer (W-2) .
Applicant's complete response is attached at Exhibit E.
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. The
Board notes that the Air Force recommends that once the applicant
has an approved retirement date, his pertinent military records
be corrected to show applicant was retired in the grade of Chief
Warrant Officer (W- 2) .
After reviewing the evidence submitted
and noting the comments of the Air Force, we believe that the
applicant's records should 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 honorably discharged on 28 April 1998 and his
enlistment in the Regular Air Force on 29 April 1998 be declared
null and void.
b. He was relieved from active duty, effective 30 April 1998,
and retired for legth of service in the grade of Chief Warrant
Officer (W-2) under 10 USC 1371, effective 1 June 1998.
The following members of the Board considered this application in
Executive Session on I G July 1998, under the provisions of AFI
36-2603:
Mr. Henry C. Saunders, Panel Chairman
Mrs. Barbara A. Westgate, Member
MI-. David C. Van Gasbeck, Member
2
All members voted to correct t h e records, as recommended. T h e
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 J u l 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRSO, dated 17 Sep 97.
Exhibit D. Letter, AFBCMR, dated 29 Sep 97.
Exhibit &€. Applicant's Response, dated 29 Oct- 9'7
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