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AF | BCMR | CY2002 | 0101823
Original file (0101823.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01823
            INDEX NUMBER:  136.00

      XXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His  retirement  orders  assigning  him  to  the  Retired  Reserves  be
rescinded.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He submitted an application for transfer to the Retired Reserves due to
not being notified of his selection for promotion to lieutenant colonel
by the FY02 Chaplains Lieutenant Colonel Selection Board.   If  he  had
known of his selection for promotion he  would  not  have  applied  for
transfer to the Retired Reserves.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The  applicant  met,  but  was  not  selected  by  the  FY01  Chaplains
Lieutenant  Colonel  Selection  Board.    Normal   procedures   require
notification be sent to members who were not  selected  for  promotion.
At that time, first time  non-selects  are  advised  of  their  pending
promotion consideration for the next board.  Members meeting  the  FY02
Chaplains Lieutenant Colonel Selection Board were sent a  pre-selection
brief for review in Aug 00.  It cannot be verified that  the  applicant
received either of these documents.

On 2 June  2000,  the  applicant  was  notified  he  was  selected  for
continuation  on  the  Reserve  Active  Status  List.   He  signed   an
acceptance for continuation status on 7 Jun 00, which stated  he  would
be considered Above-the-Promotion-Zone by future promotion boards.  His
mandatory separation date changed from 1 Dec 00 to 31 Jul  05,  due  to
his acceptance of continuation status.

On 18 Sep 00, the applicant signed an  AF  Form  131,  Application  for
Transfer to the Retired Reserve, requesting a retirement effective date
of 30 Apr 01.  The submission of the application was voluntary.  On  15
Feb 01, orders were published assigning the applicant  to  the  Retired
Reserve on 30 Apr 01.

On 19 Feb 01, the applicant was selected  for  promotion  by  the  FY02
Chaplains Lieutenant Colonel Selection Board.  Public  release  of  the
selection board results was 20 Apr 01.  The results were  available  on
the ARPC web page on 20 Apr 01 and notification was also  sent  to  the
applicant’s central manager and  the  active  duty  Military  Personnel
Flight that serviced  his  personnel  records.   The  actual  date  the
applicant was notified is unknown.

_______________________________________________________________

AIR FORCE EVALUATION:

The Air Reserve Director of Personnel Management,  ARPC/DPP,  evaluated
this appeal and recommends denial of the applicant’s request.

The applicant voluntarily submitted his request  for  transfer  to  the
Retired Reserve before the FY02 Board met.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation and reiterated that
the primary reason for his situation is that he was not notified of his
selection for promotion in a timely manner, allowing him to cancel  his
request for transfer to the retired Reserve.

The 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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of probable error or injustice.  The Board notes that
the Air Force could not  confirm  when  or  if  the  applicant  was
officially notified of his selection for  promotion.   We  find  it
reasonable that had  the  applicant  been  notified  prior  to  his
transfer to the Retired Reserve on  30  Apr  2001,  he  would  have
requested that his transfer be cancelled.  In view of the fact that
the  applicant  was  considered  and  selected  for  promotion   to
lieutenant colonel,  we  believe  that  the  appropriate  officials
should have contacted the applicant prior to his retirement date of
30  April  2001.   Therefore,  the  Board   recommends   that   the
applicant’s records be corrected as 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 was not assigned to the Retired Reserve Section  and
placed on the USAF Reserve Retired List effective 30 Apr  2001  but
continued in his assignment with the  9018  Air  Reserve  Personnel
Center Squadron.

        b.  He was promoted to  the  Reserve  grade  of  lieutenant
colonel with a Promotion Service Date and Promotion Effective  Date
of 1 October 2001.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 30 October 2001, under the provisions  of  AFI
36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Mr. Philip Sheuerman, Member

By a majority vote, the Board voted to grant  applicant’s  request.
Mr. Sheuerman voted to deny the applicant’s requests  but  did  not
desire to submit a  minority  report.   The  following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPP, dated 18 Sep 01.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 01.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

AFBCMR 01-01823


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 XXXXXXX, XXX-XX-XXXX, be corrected to show that:

              a.  He was not assigned to the Retired Reserve  Section
and placed on the USAF Reserve Retired List effective 30  April  2001
but continued in his assignment with the 9018 Air  Reserve  Personnel
Center Squadron.

              b.  He was promoted to the Reserve grade of  lieutenant
colonel with a Promotion Service Date and Promotion Effective Date of
1 October 2001.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review
                                             Boards Agency

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