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AF | BCMR | CY2001 | 0102190
Original file (0102190.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-02190
                 INDEX CODE:  131.09
      APPLICANT        COUNSEL:  NONE

                 HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was  retired  in  the  grade  of
colonel, rather than lieutenant colonel.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The decision by the Air Force Personnel Council (SAFPC) to deny him  an  11-
month time-in-grade waiver for retirement was unjust.

In support of his submission, the applicant submitted a personal  statement,
copies of his dependent medical  history  of  treatment,  numerous  personal
records and a copy of the  Secretary  of  Defense  Public  Affairs  briefing
dated 17 September 1996 (Exhibit A).
___________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Regular Air  Force,  on  30
May 1979.  He was progressively promoted to the grade of colonel,  effective
and with a date of rank of 1 December 1997.  Pursuant to his 27 August  1999
application, the applicant was released from active duty  in  the  grade  of
colonel on 31 December 1999 and retired in the grade of  lieutenant  colonel
on 1 January 2000.  He was credited with 20 years, 7 months  and  1  day  of
total active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Support Division,  Air  Force  Colonel  Matters  Office,  AFCMOB,
states that on 27 August 1999 the applicant requested  voluntary  retirement
and simultaneously requested that SAFPC waive the required three years time-
in-grade (TIG) and that he be allowed to retire as a  colonel  after  having
served only 25 months time-in-grade.  SAFPC disapproved the request for  the
TIG waiver.  The applicant had the  option  of  withdrawing  his  retirement
request and working with AFCMO to establish a  retirement  date  that  would
have allowed him to retire as a colonel.  The  applicant  made  a  voluntary
choice to retire on 1 January 2000 as a lieutenant colonel.

AFCMOB states that the three points highlighted  by  the  applicant  in  his
letter to the Board provided no new information to indicate that the  ruling
by the SAFPC should be set aside.  The applicant elected to  leave  the  Air
Force to address family stress presumably brought on by his very  successful
career.  He did not attempt to allow the Air Force to help  him  with  these
career stresses.  His claim that his career is unique is  without  merit  as
is his claim that the initial disapproval of his TIG waiver  was  less  than
above board.  In short, the applicant  had  the  option  of  retiring  as  a
colonel; he elected not to.  Therefore, AFCMOB  recommends  the  applicant’s
request for retroactive promotion to the grade  of  colonel  be  disapproved
(Exhibit C).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that  he  elected
to retire when  he  did  because  he  had  too.   He  could  not  wait.   In
retrospect, he does not regret the decision that he made two years ago.   It
stabilized his family and he has worked hard at  filling  the  void  from  2
decades of military service.  It was unfortunate  because  he  had  a  great
career opportunity in the Air  Force,  but  sometimes  things  just  happen.
Military service is indeed  service  before  self  and  before  family.   He
states that he believes he has provided  additional  information  about  his
deteriorating family situation  and  still  firmly  requests  a  retroactive
retirement in the grade of colonel (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 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.   We  took  notice  of  the
applicant's complete submission  in  judging  the  merits  of  the  case  to
include his burdening family matters and his request  to  the  Secretary  of
the Air Force Personnel Council (SAFPC) to waive the  required  three  years
time-in-grade (TIG) needed for him  to  retire  in  the  grade  of  Colonel.
While the Board finds it commendable that  he  chose  his  family  over  his
career,  it  appears  that  at  the  time  of  his  request  for   voluntary
retirement, the applicant  was  aware  of  his  available  options  and  the
possible ramifications of his decision.  By  his  own  admission  he  states
that he elected to retire when he did, because he had too, he couldn’t  wait
and he doesn’t regret his decision.  Therefore, we find no compelling  basis
to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 24 October 2001, under the provisions of AFI 36-2603:

      Mr. Henry Romo, Jr., Panel Chair
      Mr. James W. Russell, III, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFCMOB, dated 5 Sep 01, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
    Exhibit E.  Applicant’s Response dated 10 Oct 01.



                                   HENRY ROMO JR.
                                   Panel Chair

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