RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-04096
INDEX NUMBER: 100.00
XXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be returned to active duty in the grade of major with a date of
rank (DOR) of 1 Aug 00 as though he never separated from the Air
Force.
When reinstated to active duty, his initial assignment be to McChord
AFB, Washington.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His career was prematurely ended due to an error in his record. The
error was corrected and he was promoted to the grade of major by
special selection board (SSB) for the calendar year 1999A (CY99A)
Central Major Selection Board. He is now requesting reinstatement to
active duty as a follow-on to his selection for promotion.
In support of his appeal, applicant provides a copy of the orders
promoting him to the grade of major.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 28 Nov 87 as a second lieutenant.
He was promoted up to the grade of captain. He was considered but
not selected for promotion to the grade of major by the CY99A Central
Major Selection Board. He retired from the Air Force effective 1 Aug
99 under the Temporary Early Retirement Authority (TERA). As the
result of a correction to his military records, the applicant was
selected for promotion to major by an SSB on 6 May 02 for the CY99A
Central Major Selection Board.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends approval of applicant’s reinstatement to active
duty. They did not make a recommendation on his request for a
specific base of assignment.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air force evaluation was forwarded to the applicant on
28 Mar 03 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Board’s request, AFPC/DPAMF2 provided an additional
evaluation to address the applicant’s request to be assigned to
McChord AFB, Washington upon his reinstatement to active duty. They
recommend denial of the applicant’s request.
The Chief of Nurse manning at McChord does not support applicant
request to serve at that location in the grade of major.
The complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT”S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
In his response to the additional Air Force evaluation, the applicant
indicates that he is providing comments on the specific remarks that
are incorrect, require explanation, or which he disagrees. The
applicant states that he only set up more permanent living
arrangements in the McChord area after he was not promoted and retired
early. He indicates that he disagrees that the manning at McChord AFB
does not support his request to remain at that location in the grade
of major. The Air Force assignment system has always been flexible
enough to accommodate unusual situations. He states that an initial
assignment to McChord will eliminate what could be a very difficult
situation for him. He states that the recommendation to deny his
assignment to McChord AFB is unreasonable given the circumstances of
his case.
The applicant’s complete response is at Exhibit G.
_________________________________________________________________
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 error or injustice regarding reinstatement of the
applicant to active duty. The Board notes that the applicant was the
victim of an error in his record resulting in his nonselection for
promotion and subsequent early retirement. His records have been
corrected and he has been selected for promotion to major. The Board
accepts the recommendation of the Air Force that he should be
reinstated to active duty based on his selection for promotion.
Additionally, the Board notes that upon his reinstatement to active
duty, the applicant’s records will reflect a break in service that may
impact his promotion opportunity to lieutenant colonel. To ensure
that the applicant will have sufficient time to build a record of
performance as a major, we recommend that any nonselections for
promotion to lieutenant colonel in the primary zone before he has had
an opportunity to receive two Officer Performance Reports, in the
grade of major, with at least 250 days supervision, be set aside.
Therefore, we recommend that the applicant’s records be corrected as
indicated below.
4. Notwithstanding the above determination to reinstate the applicant
to active duty, sufficient relevant evidence has not been presented to
demonstrate the existence of error or injustice regarding his request
for assignment to McChord Air Force Base in conjunction with his
reinstatement to active duty. While the applicant alludes to possible
hardship should he be reassigned from the McChord area, he has not
provided sufficient evidence of a hardship and that his reassignment
would place any more of a burden on him than many other Air Force
members routinely reassigned to meet Air Force needs. Additionally,
he has not provided evidence that he has exhausted all possible
administrative remedies available to him through Air Force channels
such as a humanitarian or hardship assignment. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting this portion of the relief sought in this
application.
_______________________________________________________________
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 retired under the provisions of the Temporary
Early Retirement Authority (TERA) on 1 August 1999, but was continued
on active duty and was ordered PCS to his home of selection pending
further orders.
b. Any nonselections for promotion to the grade of lieutenant
colonel in the primary zone prior to receiving a minimum of two Officer
Performance Reports with at least 250 days supervision, in the grade of
major, be set aside.
_______________________________________________________________
The following members of the Board considered Docket Number BC-2002-
04096 in Executive Session on 2 July 2003, under the provisions of AFI
36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. James W. Russell, III, Member
Ms. Nancy Wells Drury, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Dec 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPO, dated 26 Feb 03.
Exhibit D. Letter, SAF/MRBR, dated 28 Mar 03.
Exhibit E. Memorandum, AFPC/DPAMF2, dated 14 May 03.
Exhibit F. Letter AFBCMR, dated 22 May 03.
Exhibit G. Letter, Applicant, 18 Jun 03.
ROBERT S. BOYD
Panel Chair
AFBCMR BC-2002-04096
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 XXXXXXXXXXX, XXX-XX-XXXX, be corrected to show
that:
a. He was not retired under the provisions of the
Temporary Early Retirement Authority (TERA) on 1 August 1999, but
was continued on active duty and was ordered PCS to his home of
selection pending further orders.
b. Any nonselections for promotion to the grade of
lieutenant colonel in the primary zone prior to receiving a minimum
of two Officer Performance Reports with at least 250 days
supervision, in the grade of major, be, and hereby are, set aside.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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