RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00276
            INDEX NUMBER:  135.02, 131.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive back pay and points for January, February  and  March  1993
unit training assemblies (UTAs) along with three mandays and  that  he
be considered for promotion to the grade of colonel by Special  Review
Board (SRB) for the FY94 Reserve Colonel’s Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was involuntarily removed from the Air Force  Reserve  in  December
1992 as a result of the Air Force Reserve Lieutenant Colonel High-Year
Tenure Program, and administratively returned to active status  on  11
March 1993 for participation in the Reserve Transition  Program,  then
reassigned back to inactive status on 12 March 1993.

Applicant indicates that he led his  office  through  two  outstanding
inspections in 1987 and 1989.  He completed Air War College by seminar
in July 1993.  He states that he would have been eligible for the 1993
0-6 Board had he been allowed to remain in the Air Force  Reserve  for
28 years.

In support of his appeal, applicant submitted a personal statement; HQ
AFRES/DP  letter  regarding  Selective  Reserve  Transition   Program;
assignment orders associated with his administrative reaffiliation;  a
completion certificate of Air War College Associate  Program;  officer
performance reports closing 4 June 88 and 3 Jul 89; and an AF Form 777
(Air Force Reserve Promotion Recommendation), dtd 31 July 1989.

Applicant complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:


Information extracted from the Personnel Data System  (PDS)  reflected
applicant’s total federal commissioning service  date  (TFCSD)  as  21
August 1965.  He was promoted to the grade of lieutenant colonel  with
a date of rank (DOR) of 21 August 1986.

He was assigned to the inactive reserve effective 31 December 1992  as
a result of the Air Force Reserve Lieutenant Colonel High-Year  Tenure
Program.  On 11 March 1993, he was administratively reassigned to  the
active reserve to make him eligible for entitlements under the Reserve
Transition Assistance Program (RTAP).  Applicant was  reassigned  back
to the inactive  reserve  effective  12  March  1993.   His  mandatory
retirement date (MRD) was 19 September 1993; he completed 28 years  of
satisfactory  service.   The  FY94  Reserve  Colonel  Selection  Board
convened on 4 October 1993.

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AIR FORCE EVALUATION:

The Military Personnel Division, HQ AFRC/DPM, reviewed the applicant’s
request and recommended that the application be denied.   On  11  June
1993,  the  Secretary  of  Defense  announced  implementation  of  the
Selected Reserve Transition Assistance Program.  The  program  allowed
personnel who were involuntarily separated due to force reductions and
tenure programs between 23 October 1992 and up to 10 March 1993 to  be
afforded the opportunity to be reaffiliated with the unit  program  in
order to qualify for transition benefits.

They state the notification letter clearly outlined that this  was  an
administrative process  only  and  did  not  require  the  applicant’s
presence or actual participation in  the  unit.   They  further  state
applicant performed no duty in connection with the  reaffiliation  and
accordingly there is no entitlement to pay and  points,  or  promotion
consideration to colonel.  They indicate that the  applicant  provided
no substantive justification to support his request

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In the applicant’s response to the Air Force evaluation,  he  restated
his   original   contentions   and   provided   additional    evidence
chronologically outlining the events surrounding his reassignment into
the inactive reserve.  Along with his personal statement, he  provided
copies of the DOD authority  for  the  Reserve  Transition  Assistance
Program.

Applicant’s complete submission 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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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 do  not  find
his uncorroborated assertions,  in  and  by  themselves,  sufficiently
persuasive to override the rationale provided by the  Air  Force.   We
are convinced that the applicant’s transfers to the  inactive  reserve
were  within  governing  policies  and   that   it   was   solely   an
administrative process to determine the  applicant’s  eligibility  for
the  Reserve  Transition  Assistance   Program.    Additionally,   the
applicant served his country honorably for 28  years  of  satisfactory
service, with a mandatory retirement date of 19 Sep 93, which rendered
him  ineligible  for  promotion  consideration  by  the  FY94  Colonel
Promotion Board which convened in Oct 93.  Therefore,  we  agree  with
the opinion and recommendation of the  Air  Force  office  of  primary
responsibility and adopt the rationale expressed as the basis for  our
decision that the applicant has failed to sustain his burden of having
suffered either an error or injustice.  Absent persuasive evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

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 9 August 2001, under the provisions  of  AFI  36-
2603:

      Mrs. Barbara A. Westgate, Chair
      Mr. Roger E. Willmeth, Member
      Mr. Steven A. Shaw, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPM, dated 25 May 01.
    Exhibit D.  Letter, AFBCMR, dated 15 Jun 01.
    Exhibit E.  Applicant’s Response, 13 Jul 01, w/atchs.




                                   BARBARA A. WESTGATE
                                   Chair