RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01243 (Case 2)
INDEX CODE: 136.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His mandatory retirement date of 1 Nov 93 be changed to a voluntary
retirement, with an effective date of 1 Jun 97.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
In support of his request, the applicant submits copies of his DD
Forms 214 and 215, Special Order JB-000510, dated 7 May 97, a personal
letter addressed to HQ AFPC/DPPR, a letter from the HQ ACC commander,
with a copy of a revised PRF and an appeal to the Evaluation Report
Appeal Board (ERAB), and additional documents associated with the
issues cited in his contentions. The applicant’s complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably discharged in the grade of lieutenant
colonel (O5) on 31 October 1993 and retired under the provisions of
AFR 35-7 (voluntary retirement for years of service established by
law). At the time of his retirement, he had completed a total of 20
years and 29 days of active service. The effective date of his pay
grade to O5 is 1 December 1989.
The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRRP recommends the application be denied. DPPRRP stated
that the applicant was given the opportunity to request reinstatement
to active duty as a result of the retroactive promotion to lieutenant
colonel, but he chose not to do so. DPPRRP agrees an error did occur,
but to grant the applicant the unearned service credit up to 1 June
1997 is not appropriate and would be unfair to all the other military
members. DPPRRP indicated that there are no provisions of law to
grant credit for unserved active service. The HQ AFPC/DPPRRP
evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicated that there
was an offer to return to active duty; however, if he had taken this
offer, he would have had a three and a half to four year gap in his
official records. In addition, he would have had a date of rank as a
lieutenant colonel of 1 Dec 89 with numerous Officer Performance
Reports (OPRs) as a major. If the Air Force had done the right thing
at the right time, he might have been given jobs that would have
enhanced his potential for promotion to colonel, or at the very least,
allowed him the choice to exit the Air Force on his own terms. He is
therefore asking that he be given some after-the-fact dignity and
allow him to adjust his retirement date. The applicant’s complete
submission, with attachments, 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 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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case.
However, we agree with the opinion and recommendation of the
appropriate Air Force office of primary responsibility and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden that he has suffered either an error
or an injustice. In view of the above and absent evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 Docket Number 02-01243
in Executive Session on 19 June 2002, under the provisions of AFI 36-
2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Mike Novel, Member
Mr. Thomas J. Topolski Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRRP, dated 14 May 02.
Exhibit D. Letter, SAF/MRBR, dated 17 May 02.
Exhibit E. Letter from applicant, dated 3 Jun 02, w/atchs.
ROSCOE HINTON JR.
Panel Chair
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