ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2000-02768

      XXXXXXX    COUNSEL:  GEORGE E. DAY

      XXXXXXX    HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Aug 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His records be corrected to show  that,  as  of  3  January  2004,  he
completed 21 years of military service towards retirement.

3.    He receive re-qualification training in  a  fighter  aircraft  at  the
earliest possible date.

4.    He be retroactively reinstated as an  Air  Reserve  Technician  (ART),
effective 26 August 1997.

5.    He be promoted to the grade of lieutenant colonel effective  1 October
2001.

6.    He receive retroactive pay and allowances, to include Aviation  Career
Incentive Pay (ACIP), Basic Allowance for  Housing  (BAH),  Basic  Allowance
for Subsistence (BAS), and Variable Housing Allowance (VHA).

7.    In the alternative to the above requested relief, he be reinstated  as
an active reservist, promoted to the grade of lieutenant colonel,  paid  the
actual wages he lost as a GS-13 ART, paid normal  part-time  reservist  pay,
returned to flying status, sent to the next available A-10  school,  receive
credit for lost service, and reassigned to an  appropriate  reserve  or  Air
National Guard (ANG) unit, or

8.    He be paid for lost  wages  as  a  civilian/United  Air  Lines  Pilot,
promoted  to  the  grade  of  lieutenant  colonel,  paid  normal   part-time
reservists pay, and receive appropriate retirement credits as a  reservists,
or

9.    Any appropriate legal or equitable relief that  will  make  him  whole
for his financial and career losses.

_________________________________________________________________




STATEMENT OF FACTS:

On 24 October 2002, the Air Force Board for Correction of  Military  Records
(AFBCMR) considered applicant’s request that the Article 15  imposed  on  16
February 1994, and the Officer Performance Report  (OPR)  closing  30  April
1998, be removed from his records and he be sent to a  Replacement  Training
Unit (RTU) to be re-qualified and reinstated in an active status as  an  Air
National Guard (ANG) fighter pilot in the unit of his  choice.   A  majority
of the AFBCMR found sufficient evidence to warrant removing the  Article  15
and the OPR  from  his  records;  however,  by  a  unanimous  decision,  the
remainder of his requests were denied. For an accounting of  the  facts  and
circumstances surrounding the application, and the rationale of the  earlier
decision by the Board, see the Record of Proceedings at Exhibit N.

In a letter, dated 26 January 2004,  applicant’s  counsel  asserts  that  Hq
ARPC has failed to remove the OPR closing 30 April  1998,  from  applicant’s
records as directed by AFBCMR Memorandum for the Chief of  Staff,  dated  13
February 2003.  In addition, counsel  requests  the  applicant  receive  the
above relief and  provides  additional  documentation.   Counsel’s  complete
submission, with attachments, is at Exhibit O.

He was considered for promotion to the grade  of  lieutenant  colonel  by  a
Special Selection Board (SSB) for the Fiscal Year  2005  Lieutenant  Colonel
Board and was not selected.

_________________________________________________________________

AIR FORCE EVALUATIONS:

ARPC/DPB recommends denial of applicant’s request for direct  promotion  and
pay for lost wages as a civilian pilot.  ARPC/DPB states in  part,  that  in
August 2001, applicant was assigned to  the  Missouri  ANG  (MO  ANG).   The
participation years ending 2002 and  2003  were  satisfactory  years  toward
retirement.  In August  2003,  he  was  reassigned  to  a  non-participating
status based on his nonparticipation.  Had he remained with the MO  ANG,  he
may have been eligible for unit vacancy  promotion  by  the  FY05  Line  and
NonLine  ANG  Lt  Col  Promotion  Board.   Should  AFRC  or  ANG   recommend
retroactive assignment, with or without pay and allowances, ARPC/DPP  should
address  retroactive  satisfactory  participation  at  that  time.    Paying
applicant lost wages as a civilian pilot is not within the purview of  their
office.  Further, the Article 15, imposed on 16 February 1994, and the  OPR,
closing 30 April 1998, have been removed from his records.

The ARPC/DPB evaluation, with attachments, is at Exhibit Q.

AFRC/DPM   recommends   applicant   receive   pay   and   points   for   the
Retention/Retirement (R/R) years ending 18 July 1999, 18 July 2000,  and  18
July 2001.  AFRC/DPM states, in part, that on 2 October 1998, applicant  was
notified by his  commander  of  the  intent  to  recommend  his  involuntary
reassignment to the Individual Ready Reserve (IRR) based on his  failure  to
meet standards and failure to meet military conduct standards.  However,  on
24 October 2002, it was found  there  was  sufficient  evidence  to  warrant
removing the Article 15 imposed on 16 February 1994, and  the  OPR,  closing
30 April 1998, from his records.

The AFRC/DPM evaluations are at Exhibits R and T.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant’s counsel on 6 July 2004 and  25  February  2005  for  review  and
response within 30 days.  As of this date, no response has been received  by
this office.

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice to warrant providing the applicant  pay  and
points for the Retention/Retirement (R/R) years  ending  18  July  1999,  18
July 2000, and 18 July 2001.  In this respect, we  note  that  on  2 October
1998, the applicant was involuntary reassigned  to  the  IRR  based  on  his
failure to meet standards and failure to meet  military  conduct  standards.
As a result, the R/R years ending 1999, 2000, and 2001, were  unsatisfactory
years towards retirement.  However, on 24  October  2002,  the  Board  found
sufficient  evidence  to  warrant  removing  the  Article  15   imposed   on
16 February 1994, and the OPR, closing 30 April 1998, from his records.   In
view of this, we recommend the  applicant’s  records  be  corrected  to  the
extent indicated below.

4.  Notwithstanding the above, we are not persuaded  the  remainder  of  the
applicant’s requests should be favorably considered.   An  IG  investigation
sustantiated the applicant’s allegation of reprisal while  assigned  to  New
Orleans, LS.  In view of this, the Board favorably  considered  his  request
to remove the OPR, closing 30 April 1998, from his  records.   In  addition,
based on  the  determination  that  the  Ninth  Air  Force  Commander  never
intended for the Article 15 imposed on  16  February  1994,  to  effect  the
applicant’s career, the Board also removed the Article 15 from his  records.
 Contrary, to the applicant’s contention, these documents have been  removed
from his records.  In 2001, the applicant was  successful  in  obtaining  an
assignment with the Missouri ANG and served until his assignment to  a  non-
participating status in August 2003.  In addition, based  on  his  erroneous
assignment to the Inactive Status  List  Reserve  Section  (ISLRS),  he  was
considered for promotion to the grade of lieutenant  colonel  by  a  Special
Selection Board (SSB) for the Fiscal Year 2005 Lieutenant Colonel Board  and
was not selected.  We also note the recommended corrections to  his  records
will provide him with 21 years of service towards retirement.   In  view  of
this, we believe he has been provided full and fitting  relief.   Therefore,
in the absence of evidence that his reassignment from the Missouri  ANG  was
inappropriate,  we  find  no  compelling  basis   to   recommend   favorable
consideration of the remainder of his requests.

5.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  credited  with  an  additional  35  paid  inactive  duty
training points during the retirement/retention year 19  July  1998  through
18  July  1999,  resulting  in  50  total  and  retirement  points   and   a
satisfactory year of Federal service.

      b.    He was  credited  with  an  additional  35  paid  inactive  duty
training points during the retirement/retention year 19  July  1999  through
18  July  2000,  resulting  in  50  total  and  retirement  points   and   a
satisfactory year of Federal service.

      c.    He was  credited  with  an  additional  35  paid  inactive  duty
training points during the retirement/retention year 19  July  2000  through
18  July  2001,  resulting  in  50  total  and  retirement  points   and   a
satisfactory year of Federal service.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2000-02768
in Executive Session on 21 April 2005, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Renee M. Collier, Member
                       Mr. Alan A. Blomgren, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit N.  Record of Proceedings, dated 13 Feb 03, w/atchs.
    Exhibit O.  Letter, Counsel, dated 26 Jan 04, w/atchs.
    Exhibit P.  Letter, AFBCMR, dated 12 Apr 04.
    Exhibit Q.  Letter, ARPC/DPB, dated 1 Jun 04.
    Exhibit R.  Letter, AFRC/DPM, dated 21 Jun 04.
    Exhibit S.  Letter, SAF/MRBR, dated 6 Jul 04.
    Exhibit T.  Letter, AFRC/DPM, dated 4 Aug 04.
    Exhibit U.  Letter, Counsel, undated.
    Exhibit V.  Letter, AFBCMR, dated 25 Feb 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

AFBCMR BC-2000-02768




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 XXXXXXX, be corrected to show that:

            a.   He was credited with an additional 35 paid inactive duty
training points during the retirement/retention year 19 July 1998 through
18 July 1999, resulting in 50 total and retirement points and a
satisfactory year of Federal service.

            b.   He was credited with an additional 35 paid inactive duty
training points during the retirement/retention year 19 July 1999 through
18 July 2000, resulting in 50 total and retirement points and a
satisfactory year of Federal service.

            c.   He was credited with an additional 35 paid inactive duty
training points during the retirement/retention year 19 July 2000 through
18 July 2001, resulting in 50 total and retirement points and a
satisfactory year of Federal service.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency