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AF | BCMR | CY2001 | 0101022
Original file (0101022.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01022
            INDEX NUMBER:  110.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Separation (DOS) be changed to 28  years  of  commissioned
service or at least until announcement of the results  of  the  CY2003
Colonels Promotion board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he accepted the active duty recall,  he  signed  a  statement  of
understanding indicating that he would be considered for promotion  to
colonel in the primary zone (IPZ) by the CY2003  06  Promotion  Board.
He says this was the reason he accepted the extended active duty tour.
 He was told he had to sign the statement of  understanding  prior  to
acceptance of active duty.

In support of his appeal, applicant submitted a copy of the  statement
of understanding, dated 16 Nov 98 (Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

Applicant, a Reserve Officer,  was  voluntarily  ordered  to  extended
active duty (EAD)  effective  6  January  1999,  under  the  Voluntary
Reserve Officer EAD  Program.   Based  on  his  total  active  federal
military service date (TAFMSD) of 15 January 1982, the  applicant  has
an established date of separation of 31 January 2002.

On  16  November  1998,  he  signed  a  Statement  of   Understanding,
indicating that he understood his DOR was tentatively calculated as  1
October 1998 and that he understood that he would be eligible for  the
IPZ consideration to colonel in CY2003.

_________________________________________________________________

AIR FORCE EVALUATION:

On 8 May 2001, the  Proc  Programs  and  Procedures,  HQ  AFPC/DPPAES,
considered the applicant’s request  and  recommended  the  request  be
denied.  They state the applicant is a reserve officer who applied for
recall to active duty under the Voluntary Air  Battle  Manager  Recall
Program.  He was advised on 24 August 1998 that he  was  selected  for
the recall and subsequently ordered  to  extended  active  duty  on  6
January 1999 (SO AGA-023).

His established date of separation is 31 January 2002.  At that  time,
he will have a total of 20 years and 16 days of total  active  federal
military service (TAFMS) and will have to separate in accordance  with
Air Force policy, which limits reserve officers to 20 years of TAFMS.

They further state that as a part of the assessment of the applicant’s
recall package, a tentative date of rank was calculated  to  determine
when he would be eligible to  meet  the  06  active  duty  list  (ADL)
promotion board.  The Statement of Understanding the applicant  signed
is an instrument used to have  the  applicants  acknowledge  they  are
aware when they will be eligible  to  meet  their  first  active  duty
promotion board “(if they are still on active duty  at  the  time  the
board meets).”  In the applicant’s case, there  was  no  guarantee  he
could remain on active duty past  his  established  DOS  to  meet  the
CY2003 promotion board.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant requests he be  granted  an  exception  to  policy.   He
believes that allowing him to serve past 20 years of active duty is in
the best interest of the Air Force.  He  is  an  Air  Battle  Manager,
which is a critically short career field and has been for  quite  some
time.

When he accepted the recall, he did  not  realize  that  he  would  be
forced to retire after three years and, had he known,  he  would  have
planned his life accordingly, knowing  that  he  would  need  to  find
employment after the end of that period.

He further explains his understanding of the  whole  process  and  the
documents he signed and what impact they would have on his  career  in
the future.

In support of his response, he submitted a copy of his initial  recall
package and letters of recommendation from the commander of  USCENTAF,
his group and squadron commanders.

Applicant’s complete response 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  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
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of 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 2 October 2001, under the provisions of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Ms. Diane Arnold, Member
      Mr. John E. B. Smith, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAES, dated 8 May 01, w/atchs.
    Exhibit D.  Letter, AFBCMR, dated 15 Jun 01, w/atchs.
    Exhibit E.  Letter, Applicant, dated 5 Jul 01, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



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