ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01271A
INDEX NUMBER: 108.04
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests early
retirement.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 January 2001, the Board recommended approval of the applicant’s
requests that the Enlisted Performance Reports (EPRs), rendered for
the periods 21 October 1997 through 20 October 1998, and 21 October
1998 through 31 May 1999, be declared void and removed from his
records; he be made eligible for promotion; and that his reenlistment
eligibility (RE) code of 2X (First-term, second-term or career airman
considered but not selected for reenlistment under the Selective
Reenlistment Program (SRP)) be changed to allow him to reenlist.
Although not specifically requested by the applicant, the Board also
recommended that his demotion to the grade of senior airman be voided
and removed from his records; that he be reinstated on active duty;
and that he be considered for assignment to his base of preference.
For an accounting of the facts and circumstances surrounding the
applicant’s separation, and the rationale of the earlier decision by
the Board, see the Record of Proceedings at Exhibit H.
The applicant submitted several requests for additional relief, and,
on 11 December 2001, he requested that he be allowed to retire under
the Temporary Early Retirement Authority (TERA). These submissions
are at Exhibit I, with attachments.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After a further review of the application and the evidence provided in
support of the appeal, we find sufficient relevant evidence has been
presented to demonstrate the existence of probable error or injustice
warranting applicant’s retirement under the TERA. Based on the
Board’s findings in a previous application, the Board recommended that
the applicant be reinstated to active duty. However, in view of the
time that had elapsed since his separation, February 2000, the
applicant has obtained civilian employment and does not desire to
return to active duty. Therefore, he has requested that he be allowed
to retire under the TERA. Since applicant’s separation was found to
be unjust and in view of the circumstances surrounding his decision
not to return to active duty, we believe that he should be retired
under the TERA, effective 1 January 2002. The applicant’s active duty
pay during the period February 2000 to December 2001 will be offset by
any civilian earnings he received. In addition, his retirement will
be based on the number of years of active duty, which appears to be 18
years. Therefore, we recommend that the records 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 he applied for early
retirement under the provisions of the Temporary Early Retirement
Authority with an effective date of retirement of 1 January 2002, and
his request was approved by competent authority.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 1 December 2001, under the provisions of AFI 36-
2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit H. Record of Proceedings, dated 3 Apr 2001,
with Exhibits.
Exhibit I. Applicant’s Letter, dated 29 Apr 2001, with
attachments.
GREGORY H. PETKOFF
Panel Chair
AFBCMR 00-01271A
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, be corrected to show that he applied for early
retirement under the provisions of the Temporary Early Retirement
Authority with an effective date of retirement of 1 January 2002, and
his request was approved by competent authority.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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