RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01263 (Case 2)
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation be changed from “Involuntary
Release: Disapproved Request for Extension of Tour” to “Separated or
Convenience of the Government.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
The disapproval of her tour extension may not have been factual or was
contrary to policy.
In support of her request, the applicant submits a personal statement
and copies of her DD Form 293 (Application for the Review of Discharge
or Dismissal from the Armed Forces of the United States), with
additional documents associated with the issues cited in her
contentions. The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Sep 85, the applicant was appointed a second lieutenant, Reserve
of the Air Force Nurse Corps (NC), and was voluntarily ordered to
extended active duty on 26 Nov 85. She was progressively promoted to
the Reserve grade of captain, effective and with a date of rank of 1
Jan 90.
Information extracted from the applicant’s submission reveals that, on
6 Jul 89, her Specified Period of Time Contract (SPTC) application was
disapproved because it would have extended her beyond five years of
active duty in a non-career status. The applicant’s 11 Sep 90 request
to have her Oct 90 date of separation (DOS) extended to Oct 91 was
disapproved on 5 Oct 90.
The applicant’s DEROS (date eligible for return from overseas) was 17
Oct 90 (refer to Exhibit A).
Applicant's OER/OPR profile, commencing with the report closing 25 May
86 follows:
Period Ending Evaluation
(2Lt) 25 May 86 1-1-1
25 Nov 86 2-2-2 (Referral Report)
24 Apr 87 1-1-1
24 Oct 87 1-1-1
(1Lt) 24 Apr 88 1-1-1
12 Jun 89 Meets Standards
(Capt) 12 Jun 90 Meets Standards
On 17 Oct 90, the applicant was released from active duty under the
provisions of AFR 36-12 (Involuntary Release: Disapproved Request for
Extension of Tour) and transferred to the Air Force Reserve. She had
completed a total of 4 years, 10 months and 22 days of active service
and was serving in the grade of captain (O3) at the time of
separation. The applicant is currently assigned to the Nonobligated
Nonparticipating Ready Personnel Section (NNRPS).
The relevant facts pertaining to this application are contained in the
letters prepared by the appropriate offices of the Air Force at
Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAMN recommends the application be denied. DPAMN states the
applicant’s Specified Period of Time Contract (SPTC) request was
disapproved on 5 Oct 90. The applicant’s Report on Individual
Personnel, dated 20 Aug 90, reflects that an Unfavorable Information
File (UIF) was established and that she was on a Control Roster.
DPAMN indicated that the cause for the UIF was not annotated in the
applicant’s records. DPAMN’s stated that the applicant’s Jun 90 OPR
and previous history of a referral OPR (Nov 86) substantiate the
comment “very poor OPRs.” The OPRs did not recommend continuation
beyond DEROS. While the UIF was unavailable for review, the presence
of any UIF and placement on a Control Roster would not have supported
continuation beyond DEROS. The denial request for extension of tour
in Sep 90 was factually supported on the ground that applicant did not
meet quality force requirements; i.e., had UIF and Control Roster.
DPAMN indicated that the only available reference to submission of an
Indefinite Reserve Status (IRS) package was the SPTC, submitted 11 Sep
90, wherein the applicant requested an extension of her current DOS
(17 Oct 90) for 1 year (until Oct 91) as an accompaniment to her IRS
package. The applicant assumed the rank of captain for 9 months. No
documentation was submitted to reflect she processed an administrative
request to change her career status, even though she sought and was
medically cleared for IRS. The applicant had been informed of the
current regulation requiring a nurse officer to acquire retainability
to fulfill ADSC. She had not acquired retainability; thus, she did
not have an ADSC for her promotion to captain. The denial of
extension of tour was not contrary to an existing ADSC - her DEROS was
17 Oct 90. DPAMN indicated that the applicant’s SPTC, dated May 89,
requesting her Oct 90 DOS be extended until Oct 91 for tuition
assistance was inadvertently approved. The USAFE Command Nurse
subsequently pulled the SPTC because the “officer did not have career
retention to meet requirement for ‘tuition assistance’ approval.”
DPAMN stated that no record was available to reflect the applicant had
submitted/had an approved application for SPTC to extend her
retainability to meet the tuition assistance requirement before she
applied for tuition assistance. No record was available to reflect
the applicant submitted/had an approved application for IRS prior to
the May SPTC. Had an IRS package been approved prior to submission of
the May 89 SPTC, the applicant would have had “career status” and been
eligible for tuition assistance. The applicant did not meet
retainability requirements to apply for tuition assistance. The
denial of request for extension of tour in Sep 89 was factually
supported on the ground that the applicant was in a non-career status.
The HQ AFPC/DPAMN evaluation is at Exhibit C.
HQ AFPC/DPPPO stated that the applicant met and was selected above-the-
promotion zone (APZ) for promotion to the grade of captain by the
CY89B Captain Central Selection Board, which convened on 25 Sep 89.
Per The governing Air Force regulation, each officer promoted to
captain after 1 Jan 90 incurs a 1-year ADSC beginning on the
effective date of promotion. The officer must obtain retainability to
complete the ADSC before the promotion is effective or promotion
orders published. DPPPO’s records indicate the applicant was allowed
to pin-on captain without the required retainability. Although she
applied for the retainability at a later date and it was disapproved,
no action was taken to affect her promotion to captain. The HQ
AFPC/DPPPO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on 13
September 2002 for review and response. As of this date, no response
has been received by this office (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. After a thorough review of the
evidence of record and the applicant’s submission, we are unpersuaded
that the requested relief should be approved. Applicant’s contentions
are duly noted; however, other than her own assertions, she has
provided no evidence establishing that her discharge was unfounded or
unjust. We found no persuasive evidence that responsible officials
applied inappropriate standards in effecting the applicant’s
discharge, that pertinent Air Force regulations were violated or that
the applicant was not afforded all the rights to which entitled at the
time of discharge. We therefore agree with the opinions and
recommendations of the appropriate Air Force offices and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain her burden that she has suffered either an error
or an injustice. In view of the above and absent persuasive 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 this application in
Executive Session on 31 October 2002, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. John E. B. Smith, Member
Mr. Frederick R. Beaman III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAMN, dated 16 Aug 02.
Exhibit D. Letter, HQ AFPC/DPPPO, dated 10 Sep 02.
Exhibit E. Letter, SAF/MRBR, dated 13 Sep 02.
CHARLENE M. BRADLEY
Panel Chair
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