RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00977
            INDEX CODE:  128.08
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be entitled to receive separation pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon applying for separation she was never informed that she would  have  to
meet and not be selected by a second selection board for lieutenant  colonel
to be  eligible  for  separation  pay.   She  was  not  informed  about  her
potential eligibility for separation pay prior to meeting the board  by  her
chain of command.  When she submitted her request for separation it was  not
her desire to meet a  second  lieutenant  colonel  board.   Because  of  her
desire to remain in the Reserves, she did not want  to  have  "twice  passed
over" on her records.  By forcing her to meet the board  she  was  subjected
to the negative repercussions  of  the  board  and  not  afforded  the  same
benefit of other officers who were  twice  passed  over.   She  was  offered
continuation to 20  years  but  elected  to  separate  for  family  reasons.
However, if she declined continuation, she was not  entitled  to  separation
pay although any other officer  who  was  twice  passed  over  who  had  not
submitted separation papers was entitled.

Had she been briefed of her  eligibility  to  meet  the  lieutenant  colonel
board and potentially receive  separation  pay  she  would  have  waited  to
submit her request for separation.  Her date  of  separation  (DOS)  fell  5
months after the board met.  Applicant believes  the  intent  of  separation
pay is to provide compensation to someone who served almost 18 years in  the
service and will not receive retirement  pay  due  to  other  circumstances.
Although other officers may separate at the  same  time  she  does,  because
they knew to wait until the board results they are eligible  for  separation
pay and  she  is  not.   She  realizes  ignorance  is  no  excuse;  however,
ignorance in this case was due to a failure in  the  system.   She  received
numerous briefings and counseling prior to her separation; however  the  Air
Force should have done a better job in this area.  The  mistake  is  costing
her over $100,000.  Upon receiving the board results, she received a  letter
stating she was entitled to separation pay, yet she was later informed  that
she was not entitled to the pay because she submitted her separation  papers
prior to the board date.

In  support  of  her  request,  applicant  provided  a  personal  statement,
documentation associated with  her  nonselection  for  promotion  action,  a
memorandum from her commander, and a memorandum from  a  Military  Personnel
Flight  technician.   Her  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  20
Dec 85 and was voluntarily ordered to extended active duty  on  14  Apr  86.
She was progressively promoted to the grade of major,  having  assumed  that
grade effective and with a date of rank of 1 Nov 97.

She  was  considered  and  not  selected  for  promotion  to  the  grade  of
lieutenant colonel  by  the  Calendar  Year  2001B  (CY01B)  and  the  CY02B
lieutenant colonel selection boards.  She was offered  continuation  to  the
sanctuary  by  the  CY02B  selective  continuation  board.    She   declined
continuation on 17 Feb 03.  She voluntary separated from the Air Force on  1
Mar 03.  She served 16 years, 10 months, and 18 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO states that applicant received her  first  nonselection  and  was
provided a fact sheet indicating  that  provided  she  remain  eligible  she
would be considered for promotion by  the  next  lieutenant  colonel  board.
Eligibility for the 12 Nov 02 lieutenant colonel  board  was  announced  150
days prior to the board convening.  She would have known o/a 14 Jun  02  she
was meeting that board.  She was considered and not selected by the  12  Nov
02  board  and  was  offered  continuation  to  sanctuary.    She   declined
continuation on 17 Feb 03.  The  mandatory  date  of  separation  for  those
officers who declined continuation is 31 Jul 03.  She voluntarily  separated
on 1 Mar 03.  The DPPPO evaluation is at Exhibit C.

AFPC/DPPRS recommends denial.  DPPRS states that in accordance with AFI  36-
3207,  officers  who  request  voluntary  separation  are  not  entitled  to
separation pay.  She states she submitted her  papers  to  separate  because
she did not desire to meet a second lieutenant  colonel  board.   Since  her
separation date of 31 Mar 03 was later than the  CY02B  board  (12  Nov  02)
plus 90 days, she was eligible to  meet  the  board.   Based  on  separation
policy  and  a  legal  opinion,  along  with  controlling   provisions   and
applicable laws, an approved voluntary separation takes precedence.   If  an
officer establishes, prior to announcement of  selection  board  results  or
convening,  a  voluntary  date  of  separation  that  is  earlier  than  the
mandatory date of separation resulting from  the  selection  board  results,
then the earlier voluntary  DOS  is  enforced  and  the  officer  is  denied
involuntary separation entitlements.  This is the intent of the law  because
the officer's separation has not been required or accelerated by the  second
nonselection.  The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  states  that  during  her  counseling  session  there  was  no
discussion about her vulnerability for  future  boards  or  continuation.
Her counseling session was to discuss what  in  her  performance  reports
made her less competitive and what would  be  needed  to  make  her  more
competitive for promotion.  When she was informed that she was meeting  a
promotion board she contacted the MPF to find out why she was  meeting  a
board when she had an upcoming DOS.  She was informed that since her  DOS
was over 90 days from the board date, she was eligible to meet the board.
 She could have changed her DOS in order to render  her  ineligible,  but
felt that for financial reasons she needed to keep working.  So she hoped
the results of the board would not have a negative impact on  her  search
for a Reserve position.  DPPRS is incorrect in stating that she submitted
her request for separation because she did not desire to meet a promotion
board.  She elected to separate for family reasons  and  did  not  accept
continuation for those same reasons.  She provided letters from  the  MPF
and her supervisor which confirmed that she was  never  informed  of  her
potential eligibility for  separation  pay.   Given  the  nature  of  her
voluntary separation  status,  she  would  have  delayed  submitting  her
separation papers  had  she  known  she  would  have  been  eligible  for
separation pay.  She should have been informed about  the  potential  for
meeting a board and receiving separation pay.  That is her  assertion  of
an injustice.

Her complete submission is at Exhibit F.

_________________________________________________________________

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.   After  careful  review  of  the  evidence
presented, the Board majority believes that  relief  is  warranted  in  this
case.  Applicant states that prior to making  her  decision  to  voluntarily
separate from the Air Force, she was not informed about her  eligibility  to
meet a second lieutenant colonel  board  or  her  potential  eligibility  to
receive separation pay.  In support of her request she  provided  statements
from her commander and from a Military  Personnel  Flight  technician  which
state that they failed to  properly  counsel  the  applicant  regarding  her
promotion board eligibility and  the  options  and  entitlements  that  were
available to her.  The Board majority believes it is inconceivable that  had
she been properly counseled regarding  her  eligibility  to  meet  a  second
lieutenant colonel selection board and that nonselection  would  render  her
eligible for separation pay, she would not have  declined  continuation  and
submitted  her  request  for  voluntary  separation.   The  Board   majority
believes that there is no other way to explain why the applicant elected  to
voluntarily separate and render herself ineligible for separation pay.   The
Board majority believes  that  the  applicant  has  demonstrated  reasonable
doubt exists in this matter, and further believes that any doubt  should  be
resolved in her favor.  Accordingly, the Board majority recommends that  her
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.  Her request for voluntary separation to be effective on 1 March 2003  be
declared void.

b.  As a result of her second nonselection for promotion  to  the  grade  of
lieutenant colonel by the Calendar Year  2002B  Central  Lieutenant  Colonel
Selection Board, a mandatory involuntary date of separation of 31 July  2003
was established.

c.  On 5 February 2003, she requested, and competent authority approved,  an
earlier involuntary date of separation effective 1 March 2003.

d.  On 1 March 2003, the applicant was discharged  from  active  duty;  and,
upon her agreement to serve in the Ready Reserve for a period  of  not  less
than three years following separation from active duty, she be  entitled  to
full separation pay.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
00977 in Executive Session on 21 Aug 03, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Ms. Brenda L. Romine, Member

By a majority vote, the Board voted to  grant  the  applicant's  request.
Ms. Romine voted to deny the request.  In her opinion, the applicant  had
ample time to determine what options were available to her and elected to
decline continuation and voluntarily separate for personal reasons.   Her
ineligibility to receive separation pay was a consequence of her decision
and the applicant has  not  provided  plausible  evidence  that  she  has
suffered  an  injustice.   The   following   documentary   evidence   was
considered:

    Exhibit A.  DD Form 149, dated 14 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 11 Jun 03, w/atchs.
    Exhibit D.  Letter, AFPC/DPPRS, not dated, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 3 Jul 03.
    Exhibit F.  Letter, Applicant, dated 15 Jul 03, w/atchs




                             RICHARD A. PETERSON
                                             Panel Chair
AFBCMR BC-2003-00977




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 APPLICANT, be corrected to show that:

            a.  Her request for voluntary separation to be effective on 1
March 2003, be, and hereby is, declared void.

            b.  As a result of her second nonselection for promotion to the
grade of lieutenant colonel by the Calendar Year 2002B Central Lieutenant
Colonel Selection Board, a mandatory involuntary date of separation of 31
July 2003 was established.

            c.  On 5 February 2003, she requested, and competent authority
approved, an earlier involuntary date of separation effective 1 March 2003.

            d.  On 1 March 2003, the applicant was discharged from active
duty; and, upon her agreement to serve in the Ready Reserve for a period of
not less than three years following separation from active duty, she be
entitled to full separation pay.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency