Search Decisions

Decision Text

AF | BCMR | CY2001 | 0102146
Original file (0102146.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  01-02146
            INDEX CODE 131.09
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records reflect he was  retired  in  the  permanent,  rather  than
temporary, grade of colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The record is not unjust. He simply requests the record change to show
a permanent promotion to the grade of colonel for the peace of mind of
the retired member  and  his  beneficiaries  concerning  the  Survivor
Benefit Plan (SBP).

Applicant'scomplete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 21 Dec 40. He was promoted to the
temporary grade of colonel  in  on  9  Apr  54.   He  retired  in  the
temporary grade of colonel on 1 Feb 68 with 27 years, 8 months and  21
days of active service. He elected maximum SBP coverage for  his  wife
and children based on full retired pay.  Child coverage ceased in  Jul
85.

The applicant’s wife was aboard one of the planes that was hijacked by
terrorists and crashed into the World Trade Center on 11 Sep 01. As  a
result, the Defense Finance Accounting Service  (DFAS)  suspended  his
monthly spouse premiums effective 11 Sep 01.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO advised that the permanent promotion system for  Regular
Officers  was  controlled  by  the  Officer  Personnel  Act  of  1947.
Eligible officers were required to be recommended for promotion  by  a
central board. Permanent promotion to the grade of colonel was  gained
in approximately 24 years and  was  based  on  vacancies.   Those  not
selected continued to be eligible for consideration until  retirement,
normally during  their  28th  year  of  Promotion  List  Service.  The
applicant was considered more  than  twice  but  not  recommended  for
permanent promotion to colonel.  Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 5 Oct 01 for review and comment within 30  days.   As  of
this date, this office has received no response.

In view of the tragic events of 11 Sep 01, the AFBCMR Staff asked  the
applicant by letter dated 24 Oct 01 whether he wanted to withdraw  his
appeal since the basis for his request seemed to be  his  concern  for
maximum SBP coverage for his beneficiary.  He was allowed 30  days  in
which to reply; however, this office received no response.

_________________________________________________________________

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  are  not
persuaded that his records  should  reflect  he  was  retired  in  the
permanent, rather than temporary, grade of colonel.  In  this  regard,
the  applicant  was  considered  but  not  recommended  for  permanent
promotion to the grade of colonel while he  was  on  active  duty.  HQ
AFPC/DPPPOO and DPPTR advised the AFBCMR Staff that when the applicant
reached the 30-year point (active time  plus  retired  time),  he  was
"permanently" retired as a colonel since that was  the  highest  grade
successfully held while on active duty. He selected  maximum  coverage
under the SBP for his spouse, and  she  would  have  received  an  SBP
annuity based on full retired pay had he predeceased her.   We  extend
our deepest sympathy to the applicant for his terrible loss;  however,
his records are  not  in  error  with  regard  to  his  grade  and  no
corrective action is warranted.

_________________________________________________________________

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 12 December 2001 under the provisions of AFI  36-
2603:

                 Mr. Henry Romo Jr., Panel Chair
                 Mr. Patrick R. Wheeler, Member
                 Mr. Roscoe Hinton Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Jul 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 28 Sep 01.
   Exhibit D.  Letters, SAF/MRBR, dated 5 Oct 01, and AFBCMR,
                    dated 24 Oct 01.




                                   PATRICK R. WHEELER
                                   Acting Panel Chair


Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-01781

    Original file (BC-2002-01781.doc) Auto-classification: Denied

    According to HQ AFPC/DPPPO’s advisory opinion at Exhibit F, the applicant was considered for the grade of colonel by the following promotion boards: 20 Jun 60 Permanent Colonel (Regular) 12 Jun 61 Regular Colonel 27 Nov 61 HQ USAF Temporary Colonel 11 Jun 62 Regular Colonel 3 Dec 62 Temporary Colonel Nomination 10 Jun 63 Regular Colonel 8 Jul 63 Temporary Colonel Nomination, FY64 14 Sep 64 Central Temporary Colonel, FY65 24 May 65 Regular Colonel 13 Sep 65 Central Temporary Colonel, FY66 20...

  • AF | BCMR | CY2001 | 0101061

    Original file (0101061.doc) Auto-classification: Approved

    _______________________________________________________________ AIR FORCE EVALUATION: The Chief, Promotion, Evaluation, and Recognition Division evaluated this application and recommends denial of replacement of the contested OPR with a corrected report, but does recommend that the applicant’s duty title be changed to “Inspector General.” The memorandum the applicant included from her rater confirms that she had been assigned as IG since 6 Jul 99, but the CAG title was used. ...

  • AF | BCMR | CY1997 | 9700149

    Original file (9700149.pdf) Auto-classification: Approved

    MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1 5 5 2 , Title 10, United States Code, Air Force Instruction 3 6 - 2 6 0 3 , and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: rtment of the Air The pertinen , be corrected to Force relating to show that on 4 O c ange his Survivor Benefit Plan election from “child coverage” to “spouse and...

  • AF | BCMR | CY2002 | 0200779

    Original file (0200779.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-00779 INDEX CODE 108.10 108.05 137.04 (Deceased) COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband's military status at the time of his death be changed from active duty to placed on the Temporary Disability Retired List (TDRL) under the provisions of AFI 36-3212 with a 100% disability rating....

  • AF | BCMR | CY2001 | 0100033

    Original file (0100033.doc) Auto-classification: Denied

    The most current duty assignment entry on the CY99A OSB was changed to “16 Jul 99, Deputy Chief, Combat Forces Division.” (A copy of the corrected Officer Selection Brief (OSB) reviewed by the CY99A SSB is provided as an attachment to Exhibit C.) The applicant was not selected by the SSBs. A complete copy of his response, with 8 attachments, is at Exhibit F. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, Assignment Procedures &...

  • AF | BCMR | CY2001 | 0101461

    Original file (0101461.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01461 INDEX CODE: 131.01 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: He receive Special Selection Board (SSB) consideration by the CY99B (30 Nov 99) (P0599B) and CY00A (28 Nov 00) (P0500A) central lieutenant colonel selection boards due to incorrect duty history entries in his record. The DPAO...

  • AF | BCMR | CY1998 | 9701594

    Original file (9701594.pdf) Auto-classification: Approved

    Air Force Regulation 36-89, Oct 77, stated eligibility criteria for promotion to captain as two years time in grade as a first lieutenant. A complete copy of the DPPPO evaluation is at Exhibit C. The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application and noted that the applicant was selected for promotion by the CY97A (3 Feb 97) lieutenant colonel selection board. Insufficient relevant evidence has been presented to demonstrate the existence of probable error or...

  • AF | BCMR | CY2012 | BC-2012-00140

    Original file (BC-2012-00140.pdf) Auto-classification: Approved

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00140 COUNSEL: HEARING DESIRED: YES IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected his former spouse as beneficiary of his Survivor Benefit Program (SBP) based upon full retirement pay. The court ordered the applicant to provide SBP coverage on the former spouse’s behalf, but did not...

  • AF | BCMR | CY1998 | 9801424

    Original file (9801424.pdf) Auto-classification: Approved

    If neither the member nor former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Thus, even though a member may not have notified the Defense Finance and Accounting Service (DFAS) of the divorce and continued to pay premiums for spouse coverage after the divorce, the former spouse is not eligible for annuity payments upon the member's death. Recommendation: Although there is no evidence of Air Force...

  • AF | BCMR | CY1997 | 9602221

    Original file (9602221.pdf) Auto-classification: Approved

    Backaround: Public Law (PL) 92-425, which established the SBP, required the spouse be notified when a member declined or elected less than maximum spouse coverage. Recommendation: We recommend the decedent's records be corrected to show on 31 Jan 80 he elected spouse SBP coverage based on full retired pay. PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Management ADDENDUM TO RECORD OF PROCEEDINGS The following members of the Air Force Board for Correction...