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AF | BCMR | CY2001 | 0101344
Original file (0101344.doc) Auto-classification: Approved

                            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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