RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-00242

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.    He be reassigned to Extended Active Duty (EAD)  as  a  statutory  tour
officer to complete 2 years, and 3 months of active duty for  completion  of
20 years for retirement.

2.    He receive credits for pay and points toward retirement for  the  time
lost due to his involuntary reassignment from  his  Individual  Mobilization
Augmentee (IMA) position.

3.     His  date  of  rank  (DOR)  and  Promotion  Service  Date  (PSD)  for
lieutenant colonel be adjusted to 11 April 1992.

4.    His Mandatory Separation Date (MSD) be adjusted for 4  years  for  the
time lost as an IMA and for tenure criteria (6 years).

5.    He receive an Officer Performance Report for his last  IMA  assignment
to the 12th Services Squadron, Randolph AFB.

6.    He be awarded the Meritorious Service Medal (MSM),  or  higher  award,
for his involuntary reassignment and Air Force Reserve (AFRes) retirement.

7.    He be considered for promotion to the grade of colonel  by  a  Special
Review Board with fair, timely, and adequate lieutenant colonel OPRs.


APPLICANT CONTENDS THAT:

His most recent OPR was not reviewed by the Fiscal Year  1993  (FY93)  AFRes
Colonel Overall Vacancy Selection Board.

His last two OPRs were not  reviewed  by  the  FY94  AFRes  Colonel  Overall
Vacancy Selection Board.

The OPR rendered for the period 1 March 1990 through  19 December  1990  was
written with prejudice.



He was promised that he would be awarded an MSM or higher  award,  upon  his
involuntary Reserve retirement; however, he was not.

The applicant states that after selected to serve a 4-year  statutory  tour,
he was involuntarily separated.  The applicant notes that the policy at  the
time he was renewed for a second tour was that a statutory officer would  be
continued for a 20-year retirement if they had excellent performance and  12
to 14 years of active duty.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

On 9 February 1983, the applicant was ordered to  extended  active  duty  in
accordance with 10 USC 265 (statutory tour) for the period 1 March  1983  to
28 February 1987.

On 1 January 1987, the applicant’s  statutory  tour  was  extended  from  28
February 1987 to 28 February 1991.

The applicant was promoted to the Reserve grade of lieutenant  colonel  with
date of rank (DOR) of 12 June 1988.

On 6 February 1991, the applicant’s statutory  tour  was  extended  from  28
February 1991 to 29 February 1992.

On 10 April 1992, the applicant was released  from  active  duty  under  the
provision of AFR 36-12 (Involuntary  Release:  Disapproval  of  request  for
extension of tour).

The applicant was considered but not selected for promotion to  the  Reserve
grade of  colonel by the FY92, FY93  and  FY94  Air  Force  Reserve  Colonel
Overall Vacancy Selection Boards.

On 5 April 1994, the applicant  was  notified  that  he  was  identified  as
meeting the criteria of the Line Lieutenant Colonel Tenure  Program,  having
at least 20 satisfactory service years for Reserve retirement with the  last
eight years in an Air Force Reserve component and six or more years time-in-
grade.

On 30 September 1994, the applicant was reassigned to  the  Inactive  Status
List Reserve  Section  (ISLRS)  after  he  was  identified  as  meeting  the
criteria for the Lieutenant Colonel Tenure Program, despite a request for  a
waiver submitted by the 12th Services Squadron Commander.

Based on the applicant’s Total Federal Commissioned  Service  Date  (TAFCSD)
of 12 June 1967, his Mandatory Separation Date (MSD) was established  as  11
July 1995.

On 11 July 1995, the applicant was placed on the Retired  Reserve  List  and
will be eligible for retired pay under the provisions of 10 USC 1331 at  age
60 (11 April 2004).

A resume of applicant’s performance profile, since 1987, follows:

        PERIOD ENDING        OVERALL EVALUATION

            28 Feb 87          1-1-1
            29 Feb 88          1-1-1
            28 Feb 90   Meets Standards (MS)
            * 19 Dec 90      MS
            # 20 Sep 92 w/LOE     MS
           ##  4 Jul 93 w/LOEs    MS

* Contested report.

# Top report reviewed by the FY93 board.

## Top report reviewed by the FY94 board.


AIR FORCE EVALUATION:

The  Director  of  Personnel,  ARPC/DPZ,  reviewed  this   application   and
recommends favorable consideration of the applicant’s  request  for  removal
of the break in service caused by  his  involuntary  reassignment  from  the
Selected Reserve to the Inactive Status List  Reserve  Section  (ISLRS)  and
consideration for promotion to the grade of colonel by an SRB for  the  FY95
Air Force Reserve Colonel Overall Vacancy Selection Board.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The Deputy Director of Personnel,  AF/REP,  reviewed  this  application  and
states that they believe the action taken on  the  applicant  was  fair  and
based on the needs of the Reserves at that time.  However, should the  Board
elect to provide  the  applicant  relief,  they  recommend  the  applicant’s
record be changed to reflect completion of  the  requested  2  years  and  3
months of active  service;  thereby,  qualifying  him  for  retirement  with
immediate annuity  without  having  to  serve  the  additional  time.   They
believe that returning him into the Statutory Tour Program  would  serve  no
useful purpose.

A complete copy of the Air Force evaluation is attached at Exhibit D.





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  that  he  was
unjustly and unfairly targeted by  a  commander  who  had  only  arrived  in
August 1991 and did not  consider  his  past  service  at  ARPC  in  various
positions, his extension of his tour during Operation Desert Storm, nor  the
AFRes unwritten policy  for  statutory  tour  officers  who  were  continued
beyond a second tour.

The applicant states the relief suggested by AF/REP overlooks the fact  that
he should have been retired with 20  years  active  duty  in  May  1995  and
possibly at a higher grade (O-6).

In support of the appeal, applicant submits a statement from  the  selecting
official for his final statutory tour position who indicates that AFRes  had
an unwritten policy whereby an officer could expect to be  retained  in  the
“265”  program  (though  not  necessarily  in  the  same   position)   until
qualifying for a  20  year  active  duty  retirement  if  that  officer  was
selected for a second or continuation tour upon completion of  the  original
tour.

The applicant’s complete responses are attached at Exhibits F and G.


THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of  probable  injustice  warranting  applicant’s  continuation  on
active duty until reaching  20  years  of  active  service  to  qualify  for
retirement.  The applicant contends that at the time he was  renewed  for  a
second tour, the policy was that  a  statutory  officer  with  an  excellent
record of performance and 12 to 14 years of active duty would  be  continued
on active duty to  complete  20  years  of  service.   However,  the  Deputy
Director of  Personnel,  Office  of  the  Air  Force  Reserve  (AF/REP)  has
indicated that the Air Force Reserve had no such retention policy.   On  the
other hand, we have a statement from the former Vice Commander of Air  Force
Reserve Personnel Center  (ARPC/CV)  who  was  the  selecting  official  for
statutory tour positions at ARPC.  This individual indicates that  based  on
expressed concern about how to attract and retain officers in the  statutory
tour program, the  Assistance  Chief  of  Air  Force  Reserve  announced  an
unwritten  policy  whereby  statutory  tour  officers  could  expect  to  be
retained until qualifying for 20-year active duty retirement.   In  view  of
this statement we believe the applicant’s records  should  be  corrected  to
reflect that he was not released from active duty on 10 April 1992, but  was
continued on active duty until obtaining 20 years  of  active  duty  service
and retired in the grade of major.  We note that in order  to  retire  in  a
grade higher than major, an individual must have served on  active  duty  in
that grade for a period of three years unless eligible for a waiver  of  one
year. We also note that the applicant’s  reassignment  to  ISLRS  under  the
Lieutenant Colonel Tenure Program was in  error  and  unjust;  however,  the
retirement in the grade of major at  the  20-year  point  will  render  this
issue moot.   In  this  regard,  we  have  obtained  a  statement  from  the
applicant indicating that he is aware that he will be  retired  from  active
duty in the grade of major in  1995,  with  active  duty  pay  and  benefits
retroactive to  1992,  and  he  concurs  with  the  Board’s  recommendation.
Therefore, we recommend his records be corrected  to  the  extent  indicated
below.

4.    In view of our  above  determination  that  the  applicant  should  be
retroactively reinstated to active duty in 1992 and  retired  in  1995,  the
remainder of his requests are moot.


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 10 April  1992,  but  on
that date he was continued on extended active duty  in  accordance  with  10
USC 265 and assigned Permanent Change of  Station  to  his  home  of  record
pending further orders.

      b.    On 1 June 1994, he applied for voluntary  retirement,  effective
1 June 1995, and his request was approved by competent authority.

      c.    On 31 May 1995, he was released from active duty and on  1  June
1995, he was retired for length of service in the grade of major.


The following members of the Board considered this application in  Executive
Session on 10 November 1998 and 18 February 1999, under  the  provisions  of
AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Joseph G. Diamond. , Member
                  Mr. Terry A. Yonkers, Member
                 Mr. Phillip E. Horton, Examiner (without vote)





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

      Exhibit A.  DD Form 149, dated 17 Jan 97, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPZ, dated 14 Apr 97, w/atchs.
      Exhibit D.  Letter, AF/REP, dated 22 Aug 97.
      Exhibit E.  Letter, AFBCMR, dated 24 Nov 97.
      Exhibit F.  Letter, Applicant, dated 23 Dec 97, w/atchs.
      Exhibit G.  Letter, Applicant, dated 13 Jul 98.
      Exhibit H.  Letter, Applicant, dated 11 Feb 99, w/atch.




             CHARLENE M. BRADLEY
                                  Panel Chair






AFBCMR 97-00242




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:

      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 10 April  1992,  but  on
that date he was continued on extended active duty  in  accordance  with  10
USC 265 and assigned Permanent Change of  Station  to  his  home  of  record
pending further orders.

      b.    On 1 June 1994, he applied for voluntary  retirement,  effective
1 June 1995, and his request was approved by competent authority.

      c.    On 31 May 1995, he was released from active duty and on  1  June
1995, he was retired for length of service in the grade of major.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency