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
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AF | BCMR | CY1999 | BC-1998-00624
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