Search Decisions

Decision Text

AF | BCMR | CY2000 | 9802935
Original file (9802935.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02935
            INDEX CODE:  131.05, 102.06
      APPLICANT  COUNSEL:  None

            HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her Mandatory Separation Date (MSD) of 1 May 2001 be changed to correlate
with five years from the date of pin-on to Colonel  versus  her  Date  of
Rank (DOR).

___________________________________________________________________

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 Director of Personnel Program  Management,  ARPC/DPP,  reviewed  this
application and recommended denial.  A complete copy of  the  evaluation,
with an amendment, is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  furnished  a  response,
which is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented  to  demonstrate  the
existence of  probable  injustice.   After  reviewing  all  the  evidence
presented, we believe approval of some form of relief is appropriate.  As
was noted by the Air Force, the applicant received incorrect  information
concerning her existing MSD and made critical career decisions  based  on
the erroneous information.  While we are aware that arbitrarily extending
the applicant’s MSD  is  not  possible  since  such  action  would  be  a
violation of law, we believe the  applicant  can  be  afforded  effective
relief which would not be contrary to law by correcting  her  records  in
the following manner.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that her date of rank (DOR) to
the grade of colonel, Reserve of the Air Force, is 8 August 1999 and  her
mandatory separation date is 8 August 2004.

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 2 June 2000 under the provisions of AFI 36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. Charles E. Bennett, Member
      Ms. Patricia D. Vestal, Member

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

     Exhibit A.  DD Form 149, dated 1 February 2000, with
        attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letters, ARPC/DPP, dated 31 March 2000 and
                 25 April 2000.
     Exhibit D.  Letter, SAF/MIBR, dated 14 April 2000.
     Exhibit E.  Letter from the applicant, dated 17 April 2000.




                                   DAVID C. VAN GASBECK
                                   Panel Chair








AFBCMR 98-02935




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 her date of rank (DOR) to
the grade of colonel, Reserve of the Air Force, is 8 August 1999 and her
mandatory separation date be changed accordingly.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


Similar Decisions

  • AF | BCMR | CY2001 | 0101118

    Original file (0101118.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPP, stated that the member began drawing Air Force Reserve retired pay effective 5 Aug 93, his 60th birthday, until his death on 18 Jul 98. A complete copy of this evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and...

  • AF | BCMR | CY2002 | 0202016

    Original file (0202016.doc) Auto-classification: Denied

    Based on the audit, the applicant's R/R was changed from 2 October to 14 June. The applicant was notified on 17 April 1999 about the change in his R/R date and that his points were being realigned to coincide with the 14 June R/R date. DPP further states the applicant was notified of the change in his R/R year date in April 1999 and he received an AF Form 526 for RYE 13 June 1999, and furthermore, the applicant had adequate time to earn points for the RYE 13 June 2000.

  • AF | BCMR | CY2003 | BC-2002-02091

    Original file (BC-2002-02091.DOC) Auto-classification: Approved

    He was contacted in Jul 76 that he was to be administratively discharged from the Air Force Reserve (ISLRS). The evidence of record indicates that the applicant was assigned to ISLRS on 30 Sep 74 and was eventually discharged from the Air Force Reserve on 9 Feb 78 after a prolonged assignment in ISLRS. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be...

  • AF | BCMR | CY2002 | 0101823

    Original file (0101823.doc) Auto-classification: Approved

    On 2 June 2000, the applicant was notified he was selected for continuation on the Reserve Active Status List. On 18 Sep 00, the applicant signed an AF Form 131, Application for Transfer to the Retired Reserve, requesting a retirement effective date of 30 Apr 01. The complete evaluation is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded to the Air Force evaluation and reiterated that the...

  • AF | BCMR | CY2004 | BC-2003-03845

    Original file (BC-2003-03845.doc) Auto-classification: Approved

    Counsel further asserts that because the instruction cited in the reprimand imposed on the applicant under Article 15 was not in effect at the time of the applicant’s alleged misconduct and there was no paragraph 5 as referred to, the reprimand was in error and constituted an erroneous basis for the discharge action subsequently initiated against the applicant. Counsel also asserts that the reprimand imposed on the applicant under Article 15 admonishes the applicant for misconduct that the...

  • AF | BCMR | CY2001 | 0002254

    Original file (0002254.doc) Auto-classification: Approved

    In order to establish eligibility for Reserve retired pay under the provisions of Title 10, United States Code, Section 12731, a member must complete 20 years of satisfactory service with the last 6 years of qualifying service in a Reserve component. Although he completed sufficient points for his full R/R year ending 11 September 2000, to be satisfactory, he died prior to completion of the 20th year. On the date of his death, the deceased member had sufficient points for a year of...

  • AF | BCMR | CY2004 | BC-2004-00137

    Original file (BC-2004-00137.doc) Auto-classification: Approved

    His commander received an informal email in late November 2002 requesting that an Officer Performance Report (OPR) be prepared for the February 2003 major board. Since he is no longer a member of the Air Force Reserve as a result of the two nonselections, he is not eligible for consideration by a Reserve promotion board. All of the officers selected for promotion by the FY03 board had completed SOS and 94% of the officers selected by the FY04 board had completed SOS.

  • AF | BCMR | CY1998 | 9801156

    Original file (9801156.pdf) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NO: 98-01156 COUNSEL: NONE HEARING DESIRED: NO Dpoc16W Applicant requests that his mandatory separation date (MSD) of 1 December 1999 be adjusted to 1 December 2003 to allow for time he was assigned to the Inactive Status List Reserve Section (ISLRS). The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be...

  • AF | BCMR | CY2003 | BC-2002-01265

    Original file (BC-2002-01265.doc) Auto-classification: Denied

    In reviewing the service member's record he had 19 years of service at the time of his death. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice. Therefore, the applicant is not eligible to receive RCSBP annuity based on...

  • AF | BCMR | CY1999 | 9802894

    Original file (9802894.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: The reasons applicant believes he has been the victim of an error and/or an injustice are contained in his complete submission, which is at Exhibit A. The Officer Verification Branch, HQ AFPC/DPPAOR, also reviewed the case and provided a technical advisory pertaining to the DOR computation. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his DOR...