RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00518

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show  that  she  served  on  active  duty  as  a
colonel from  1  May  1996  until  10  May  2002,  with  all  back  pay  and
allowances.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not make an informed decision to  retire  as  a  colonel  until  May
2002.

The applicant states that she was given only  two  options  (return  or  not
return to active duty).  She was not  advised  of  other  options  regarding
pay.  She now knows that had she returned to active duty or  requested  that
her records show that she continued on active duty, her records  would  have
been corrected to show no break in active duty  service,  and  her  pay  and
benefits would have flowed from the change.  She should  not  be  prejudiced
by the length of the review process to  correct  her  record,  which  was  a
major cause for her not returning to active duty.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired in the grade  of  lieutenant  colonel  on  1 September
1999.  She completed 20 years, 1 month, and 3 days of active service.

In an application to the AFBCMR, dated 23 May 1999, she requested  promotion
to the grade of colonel as if selected by the CY95B selection board.

The AFBCMR considered her request for direct promotion on 31 May  2001,  and
found insufficient evidence of an error or injustice to warrant  her  direct
promotion.  The AFBCMR did, however,  direct  that  she  be  considered  for
promotion to the grade of colonel by an SSB for the CY95B selection board.

On 3 December 2001, she  was  considered  for  promotion  to  the  grade  of
colonel by an SSB for the CY95B selection board and it was  determined  that
she would have been selected for promotion by the CY95B selection board.

On 15 March 2002, she was notified that she had been selected for  promotion
to the grade of colonel, with a date of rank (DOR) of 1 May 1996 by  an  SSB
for the CY95B selection  board.   She  was  further  advised  that,  if  she
desired, she could submit an addendum to her original AFBCMR application  to
request reinstatement to active duty or retirement in the higher grade.

Her retirement in the grade  of  lieutenant  colonel  effective  1 September
1999 was revoked and she was retired in the grade of  colonel,  effective  1
September 1999.

_________________________________________________________________

AIR FORCE EVALUATION:

AFSLMO/SU recommends denial of the applicant’s request that her  records  be
corrected to show that she served on active duty as a  colonel  from  1  May
1996 until 10  May  2002,  with  all  back  pay  and  allowances.   However,
AFSLMO/SU recommends her records be corrected to show that  she  retired  in
the grade of colonel on 1 May 1999.

The AFSLMO/SU evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Although the evaluation recommends favorable consideration  of  her  request
for a DOR to colonel of 1 May 1996, that has already been  granted  to  her,
and her records changed accordingly.   In  addition,  while  AFSLMO/SU  also
recommends she be retired effective 1  May  1999,  she  did  not  originally
retire until 1 September 1999.  What she requests is a  retirement  date  of
1 May 2002, which is when her promotion to the grade of  colonel  was  final
and she made the informed decision to retire  in  that  grade,  rather  than
return to active duty.  She does not wish to appear ungrateful for the  past
relief the Board has given  her;  however,  she  requests  the  same  relief
granted to others whose circumstances are similar as a matter of equity.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________




ADDITIONAL AIR FORCE EVALUATION:

AF/JAG recommends denial of the applicant’s request  and  states,  in  part,
that if any error or injustice occurred in her case, the  SSB  provided  her
more than adequate relief.  She has failed to demonstrate any error,  facts,
circumstances, or compelling reason supporting an injustice.  She no  longer
alleges  her  military  record  is  inherently  in  error  or  contains   an
injustice.  She never asserts she would have remained on  active  duty.   In
her initial request and addendum she consistently requested to retire  as  a
colonel on  1  September  1999,  her  original  retirement  date.   Although
nonselected for promotion, she did control when she retired.  To  award  her
excess unearned service  and  compensation  beyond  her  original  voluntary
retirement date would result in her receiving a monetary windfall and  serve
as a severe penalty to the Air Force.

The AF/JAG evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AF/JAG evaluation was forwarded to the  applicant  on
20 May 2003 for review and response within 30 days.   However,  as  of  this
date, this office has received no response.

_________________________________________________________________

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 an  error  or  injustice.   After  reviewing  the  evidence  of
record, we are not persuaded that the relief sought in  this  appeal  should
be approved.  In  this  respect,  we  note  that  based  on  a  prior  Board
decision, the applicant was considered and selected  for  promotion  to  the
grade of colonel by an SSB for the CY95B selection board.  Her records  have
been corrected to show that she was promoted to the grade of  colonel  on  1
May 1996 and on 1 September 1999, retired in the grade of colonel.  She  now
requests her records be corrected to show that she  continued  to  serve  on
active duty from 1 September 1999 to 10 May 2002.  She  contends  that  when
she elected to have her records corrected to show that  she  served  in  the
grade of colonel from 1996 to 1999 and retired in the grade of colonel,  she
was not advised of other available options regarding pay.  In addition,  she
contends that she did not make an informed  decision  to  retire  until  May
2002, when she was notified of her selection for promotion to the  grade  of
colonel.  However, we note that in May 2002, she made an  informed  decision
to voluntarily retire in the grade of colonel effective  1  September  1999,
rather than return to active duty.  After reviewing the facts of  this  case
and noting the decisions made by  this  Board  on  similar  type  cases,  we
believe that awarding her  excess  unearned  service  beyond  her  voluntary
retirement date is not justified.  In view of the  above  determination,  we
do not recommend favorable consideration of the requested relief.

_________________________________________________________________

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  BC-2003-00518
in Executive Session on 28 August 2003, under  the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James E. Short, Member
                       Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFSLMO/SU, dated 11 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.
    Exhibit E.  Letter, Applicant, undated.
    Exhibit F.  Letter, AF/JAG, dated 14 May 03.
    Exhibit G.  Letter, AFBCMR, dated 20 May 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair