RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01344
INDEX CODE: 112.08
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to continue on active duty past his Mandatory Separation Date
(MSD).
_________________________________________________________________
APPLICANT CONTENDS THAT:
There is a shortage of Catholic Chaplains in the Air Force. He has 18
years invested in the Air Force and would like to continue on active duty.
In support of his appeal, the applicant provided an age waiver approval,
dated 15 February 2001.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a Reservist, is currently serving on extended active duty in
the grade of major.
The applicant’s Total Federal Commission Service Date (TFCSD) is 3 August
1983 and his Total Active Federal Military Service Date (TAFMSD) is
7 September 1988. His birthdate is 20 August 1941.
The applicant was considered and not selected for promotion by the Calendar
Years 1999A and 2000A Central Lieutenant Colonel Selection Boards. He was
considered and not selected for continuation by the CY2000A Major
Continuation Board. As a result, he has a mandatory separation date of 31
August 2001.
A review of his Officer Performance Reports (OPR) indicates that he had a
referral report for the period 3 December 1994 through 2 December 1995.
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letters prepared by
the appropriate offices of the Air Force (Exhibits C & D). Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Chaplain Personnel Management Division, Directorate of
Assignments, HQ AFPC/DPAH, states that the applicant submitted an age
waiver request on 30 March 2001. They received his request, endorsed it
with their recommendation of approval and forwarded it to HQ AFPC/DPPRP for
further processing to the Personnel Council for final disposition (Atch 1).
HQ AFPC/DPPRP notified them via telecon on 12 April 2001 that the
applicant didn’t qualify for an age waiver due to promotion non-selection.
They notified the applicant of this through his MAJCOM functional manager.
Per the request of the applicant’s wing chaplain and MAJCOM functional,
they asked HQ APC/DPPRP to clarify why exactly this applicant didn’t meet
the eligibility criteria. HQ AFPC/DPPRP response is enclosed (Atch 2).
Applicant requested an age waiver through the appropriate process and was
determined not to be eligible to request this type of waiver. His lack of
eligibility rests with public law, which overrides the age waiver policy.
While they support this applicant’s request and would certainly like him to
remain on active duty due to the shortage of Catholic chaplains, they do
not have waiver authority. This process is owned by HQ AFPC/DPPRP and the
approval level rests with the Personnel Council.
A complete copy of the Air Force evaluation, with attachments, is attached
at Exhibit C.
The Chief, Separations Branch, Retirements and Separations Division,
AFPC/DPPRS, reviewed this application and states that the member has a
mandatory date of separation of 31 August 2001. Title 10, Section 632
states, “Officers who fail to be selected for promotion to the next higher
grade shall…be separated no later than the first day of the seventh
calendar month following approval of the board which considered him for the
second time (Secretary of Defense).” Although AFI 36-3207, Separating
Commissioned Officers, allows for age waiver request, in this instance, the
law overrules policy. If the member had been offered selective
continuation, he could have accepted the continuation and subsequently
requested an age waiver. However, the member was not offered selective
continuation and is an involuntary separation (not for cause).
Based upon the documentation in the file, they believe the mandatory date
of separation to be consistent with the procedural and substantive
requirements of the discharge regulation. The applicant did not submit any
new evidence or facts that allow him to extend his time on active duty with
an age waiver. Accordingly, they believe his records should remain the
same and his request be denied. He has filed a timely request.
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 July 2001 copies of the Air Force evaluations were forwarded to the
applicant for review and response within thirty (30) days. 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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting the applicant’s
continuation on active duty past his Mandatory Separation Date (MSD). We
took particular note of the statements from the applicant's commander and
from the Chief, Chaplain Personnel Management Division, who indicate that
“the applicant continues to make invaluable contributions to the Air Force
Chaplain Service during a critical shortage of Catholic chaplains. We need
to keep him in the Air Force.” Based on these statements, the desire of
the applicant to continue on active duty and the shortage of Catholic
Chaplains in the Air Force, the Board is persuaded that it is in the best
interests of both the Air Force and the applicant to allow him to continue
on active duty. Although the applicant has apparently requested to remain
on active duty only through 31 August 2003, the majority of the Board is
persuaded that in all likelihood, the applicant would want to remain on
active duty until, by law, he would be required to separate. Therefore,
the majority of the Board believes that he should be continued on active
duty and allowed an age waiver until age 67. However, it appears that
based upon his date of birth of 20 August 1941 and his total active federal
military service date of 7 September 1988, should the applicant remain on
active duty until age 67, he would still not have sufficient active duty
credit to become eligible for an active duty service retirement. In view
of the foregoing, and as a matter of equity, the majority of the Board
believes he should be given sufficient credit that will allow him to remain
on active duty until he is eligible to apply for an active duty retirement
and this the majority so recommends. Additionally, the majority of the
Board notes the referral OPR the applicant received; however, a review of
his subsequent performance indicates that the applicant has overcome any
deficiencies regarding his leadership skills. Therefore, the majority
recommends his 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:
a. He entered extended active duty on 13 April 1994 and served
continuously.
b. He was offered and accepted continuation by the CY00A Major
Selection Continuation Board.
c. Competent authority approved his request for an age waiver not
to exceed his 67th birthday.
d. He was not discharged on 31 August 2001, but on that date he
continued to serve on extended active duty.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 22 August 2001, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. William H. Anderson, Member
Mr. Albert F. Lowas, Jr., Member
The majority of the Board voted to correct the records, as recommended.
Mr. Lowas voted to grant the applicant’s request for a two-year age waiver,
but does not wish to submit a Minority Report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 8 May 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAH, dated 24 May 2001, w/atchs.
Exhibit D. Letter, AFPC/DPPRS, dated 15 June 2001
Exhibit E. Letter, SAF/MIBR, dated 13 July 2001.
TERRY A. YONKERS
Panel Chair
AFBCMR 01-01344
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:
a. He was offered and accepted continuation by the CY00A
Major Selection Continuation Board.
b. Competent authority approved his request for an age waiver
until 30 August 2003.
c. He was not discharged on 31 August 2001, but on that date
he continued to serve on extended active duty.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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