Search Decisions

Decision Text

AF | BCMR | CY1999 | 9802830
Original file (9802830.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02830
                 INDEX CODE:  131

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be retired from the U. S. Air Force Reserve in the grade of colonel
vice lieutenant colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was medically disqualified for worldwide and flying duties due to a
cerebral vascular accident (stroke) which was not under  his  control.
Applicant states that he was promoted to the grade  of  colonel  on  1
April 1997 and wanted to serve until he reached the age  of  60  years
old.  However, he was retired  in  the  grade  of  lieutenant  colonel
because he had not served  three  years  in  grade  according  to  the
Reserve Officer Personnel Management Act (ROPMA).

Applicant’s submission is attached 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 Air Force  office  of  primary  responsibility  (OPR).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ ARPC/DP, states  that
the applicant was promoted to the grade of colonel  on  1 April  1997.
He was transferred to the Retired Reserve effective 2  April  1998  in
lieu of an administrative discharge for physical disqualification.

Per Title 10, United  States  Code,  Section  1370(d)(3)(A)  and  (B),
Reserve officers in the grade of lieutenant  colonel  and  above  must
serve satisfactorily in that grade for three (3) years unless transfer
from an active status is due to the individual reaching maximum age or
years of service.  There  are  currently  no  provisions  of  law  for
officers promoted to the grades of lieutenant colonel and  above,  who
are medically disqualified for worldwide duty, to retire in grade with
less than three years satisfactory service.


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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
21 December 1998 for review and response within 30 days.  However,  as
of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that he should be retired from the U. S. Air  Force  Reserve
in the higher grade of  colonel.   His  contentions  are  duly  noted;
however, we do not find these uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  We therefore agree with the recommendations of  the
Air Force and adopt the rationale  expressed  as  the  basis  for  our
decision that the applicant has failed to sustain his burden  that  he
has suffered either an error or an injustice.  Therefore, we  find  no
compelling basis to recommend granting the relief sought.

_______________________________________________________________________
_____________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered
upon  the  submission  of  newly  discovered  relevant  evidence   not
considered with this application.

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 July 1999, under the  provisions  of  AFI  36-
2603.

                  Mr. Oscar A. Goldfarb, Panel Chair
                  Mr. Patrick R. Wheeler, Member
                  Mr. Charlie E. Williams Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Oct 98, w/atchs.
   Exhibit B.  Applicant's Microfiche Records.
   Exhibit C.  Letter, HQ ARPC/DP, dated 4 Dec 98.
   Exhibit D.  Letter, AFBCMR, dated 21 Dec 98.




                                   OSCAR A. GOLDFARB
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9800624

    Original file (9800624.doc) Auto-classification: Denied

    The bar to her reappointment as a Reserve commissioned officer be removed from her records and she be reinstated as an Air Force Reserve officer. In the applicant’s statement dated 11 August 1998, she requests that prior to the convening of the ResAF Selection Review Board, she be afforded the opportunity to provide to that Board written documentation attesting to her civil employment, from 1996 to the present date, as Director of Nursing at Enterprise Nursing Home, her appointment as...

  • AF | BCMR | CY1999 | BC-1998-00624

    Original file (BC-1998-00624.doc) Auto-classification: Denied

    The bar to her reappointment as a Reserve commissioned officer be removed from her records and she be reinstated as an Air Force Reserve officer. In the applicant’s statement dated 11 August 1998, she requests that prior to the convening of the ResAF Selection Review Board, she be afforded the opportunity to provide to that Board written documentation attesting to her civil employment, from 1996 to the present date, as Director of Nursing at Enterprise Nursing Home, her appointment as...

  • AF | BCMR | CY1999 | 9802002

    Original file (9802002.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02002 INDEX CODE: 131 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of colonel, with a corrected Officer Selection Brief (OSB), by special selection board (SSB) for the Calendar Year 1998A (CY98A) Central Colonel Selection Board. A copy of the Air Force...

  • AF | BCMR | CY1999 | 9900160

    Original file (9900160.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00160 INDEX CODE: 135 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive the appropriate credit, to include his time served in the Civil Air Patrol (CAP), to complete 20 years of satisfactory Federal service for retirement pay at age 60. This order was issued two years after the effective date,...

  • AF | BCMR | CY1998 | 9502963

    Original file (9502963.pdf) Auto-classification: Denied

    The Board also recommended that his records be considered by a Special Review Board (SRB) for promotion by the FY 1 9 9 6 selection board. The Board denied his requests for a direct promotion to captain with a PSD and PED of 11 August 1 9 9 5 and satisfactory years of Federal service for the RYES 1991, 1992 and 1993 (see AFBCMR 9 5 - 0 2 9 6 3 , with Exhibits A through F). In addition, it was directed that his record be considered by an SRB for promotion by the FY 1996 Reserve of the Air...

  • AF | BCMR | CY1998 | 9805139

    Original file (9805139.pdf) Auto-classification: Approved

    Of the 25 selected, 14 had not completed the appropriate level of PME, the FY94 board considered 48 members and selected 43 for promotion. 111 Major W---Is case, the Commander, HQ ARPC, stated that, due to significantly lower overall selection rates on the FY96 ResAF board when compared to previous years and ar, apparent correlation between being determined "fully qualified" for promotion 2nd completing PME, it was possible that members of the FY96 ResAF board may not have followed the...

  • AF | BCMR | CY1999 | 9801293

    Original file (9801293.doc) Auto-classification: Approved

    Since the applicant had served on active duty in the higher grade of MSgt from 1 June 1993 through 14 December 1997, an advancement grade determination was required and accomplished at the time of applicant’s request for retirement. A copy of the complete Air Force evaluation is at Exhibit C. The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, also evaluated the case and indicates the demotion action taken against the applicant was procedurally correct and there is no evidence there were...

  • AF | BCMR | CY1999 | 9801901

    Original file (9801901.doc) Auto-classification: Denied

    On 31 July 1996, HQ ARPC/SGS recommended the applicant be administratively discharged for medical disqualification, i.e., neurological condition with residual speech disturbance, and that he was not eligible for disability processing under the provisions of AFI 36-3212, Physical Evaluation for Retention, Retirement and AFMPC/DPMA Separations. ________________________________________________________________ AIR FORCE EVALUATION: The Director, Health Services, HQ ARPC/SG, advises that major...

  • AF | BCMR | CY1999 | 9900278

    Original file (9900278.doc) Auto-classification: Denied

    His MSD was adjusted to 1 Apr 99, which is the first day of the seventh month after the month in which the President approved the report of the board that considered the officer for the second time. The compound effect of that guidance and his decisions based on that guidance has left him in a position of being forced to leave the service after 17 years, 8 months, and 13 days of satisfactory service. The applicant was notified that, due to his second deferral, he must be discharged, as...

  • AF | BCMR | CY1999 | 9701569

    Original file (9701569.doc) Auto-classification: Denied

    He was promoted to sergeant (E-4) on 1 September 1973 and released from active duty and transferred to the Air Force Reserve in this grade. A copy of the Air Force evaluation is attached at Exhibit F. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Applicant’s counsel submitted a letter stating that the applicant questioned his enlistment in the Regular Air Force under the Stripes for Education program. After a thorough...