RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03009
            INDEX CODE:  129.01, 135.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1. He be awarded active duty points,  back  pay  and  allowances,  and
Aviation Continuation Pay (ACP) from 1 January 1998 to  22  May  2004,
plus the difference in back pay between  captain  and  major  (Maj/04)
from 1 October 1997 to 31 December 1997.

2. His record be changed to show  he  accepted  a  Regular  Air  Force
(RegAF) appointment from the calendar year  1990  (CY90)  Regular  Air
Force Appointment Board and that he held a Regular commission when  he
was considered for promotion to major by the  CY95A  and  CY96A  Major
Selection Boards.

3. He meet a Special Selection Board  (SSB)  for  promotion  to  major
reflecting his status as a Regular officer instead of  his  Indefinite
Reserve Status (IRS).  Should he be selected for promotion to major by
a Special Selection Board, his date of rank  (DOR)  to  major  and  to
lieutenant colonel (Lt Col/05) be adjusted accordingly and he  receive
back  pay  and  allowances  for  those  grades  as  well  as  Aviation
Continuation Pay (ACP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant was selected for promotion  to  the  grade  of  major  while
serving with the 169th Air Control Party Flight (ACPF),  Illinois  Air
National Guard (ILANG).  On 19 April 1997, he left  the  ILANG  for  a
position with the AF Reserve (AFR).  He  assumed  the  new  assignment
would be as a major as he and his gaining commander had  talked  about
him being selected for promotion to major  by  the  FY97  ANG  Major’s
Board.    He states the authorized grade at  the  new  AFR  assignment
turned out to be a captain (Capt/03).  His commander informed  him  he
could either remain a captain in the AGR position or  resign  the  AGR
position and pin on major as a Traditional reservist.  He contends  he
was never informed why he was not in a majors  position  or  what  his
options as an AGR in this situation  might  have  been.   However,  he
understood the situation to be that if  he  did  not  resign  his  AGR
position and accept the  promotion  to  major,  then  the  March  1997
selection Board to major would count as a “pass over.”

In May 2004, as he was reviewing his records for  the  FY  04  Lt  Col
Promotion Board, he was sent a copy of an amendment that had been made
to his original AGR order.   The  amendment,  dated  6  October  1997,
changed his authorized grade from captain to major, presumably  in  an
attempt to allow him to pin on major and remain in AGR status.  He was
never aware of the amendment, and in fact, resigned his  AGR  position
to accept his promotion to major on 31 December 1997.  He contends  he
should have been promoted to major and kept his original fulltime  AGR
position back in October 1997.  He contends he would  have  stayed  on
for the duration of his AGR tour (1 October 1997 to 1  October  2001),
as he intended to stay for 20 years of active federal service, and had
he been able to stay in his AGR tour he would have reached 20 years of
active duty on 22 May 2004.

In  support  of  his  appeal,  the  applicant  has  provided  personal
statements, and copies  of  numerous  pertinent  Special  Orders,  the
organizational history of the 43rd Flying Training Squadron, pertinent
email trails, Leave and Earnings statements, and  pertinent  promotion
paperwork.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the ILANG on 12 September 1980 where  he  served
as an Avionics Instrument  Systems  Technician  for  3  years  and  11
months.  He applied for an Air  Force  commission,  was  accepted  and
completed Undergraduate Pilot Training (UPT).

On 20 August 1990, he was selected for a Regular  Appointment  by  the
Regular Air Force Appointment Board.  His  Military  Personnel  Flight
(MPF) was sent notification of the  appointment  offer  on  30 October
1990 and instructed to forward it to his commander and  eventually  to
the applicant.  He  was  given  a  suspense  of  28 December  1990  to
respond.  He did not respond by  the  suspense  date,  the  offer  was
terminated, and he was placed in an administratively declined status.

He was considered but not selected for promotion to the grade of major
by the CY95A and CY96A Central Major Selection Boards.

On 11 June 1996, he was released from active duty and  transferred  to
the Reserve of the Air Force  effective  29  September  1996.   On  30
September 1996, he joined the ILANG as a Traditional Guardsman.

On 5 December 1996, he applied for a  position  with  the  AF  Reserve
(AFR) and on 28 February 1997, he was selected and his transfer to the
AFR was approved.

On 7 March 1997, he was selected for promotion to the grade  of  major
by the FY97 ANG Major Selection Board.  His effective date and date of
rank (DOR) was 1 October 1997.

On 10 April 1997, he was ordered to active duty  (AGR)  with  the  Air
Force Reserve with a reporting date of 20  April  1997.   On  14 April
1997, he was relieved from the ILANG and gained by  the  951st  RSPTS,
AFR effective 19 April 1997.

On 1 October 1997, he was released from the 951st RSPTS  and  assigned
to the 43rd FTF. On 6 October 1997, the order transferring him to  the
43rd FTF was amended  changing  his  position  number  and  rank  from
090325/Captain to 0903234/Major.

On 21 October 1997, he submitted a letter officially resigning his AGR
position for a Traditional Reserve (TR) position.  On 22 October 1997,
he was officially reassigned from the AGR program to a TR program.

On 29 December 1997, an overgrade waiver was submitted on  his  behalf
requesting an overgrade from captain to major  for  a  period  of  two
years – 1 January 1998 to 1 January 2000.

On 14 January 1998, an order was published releasing him from his  AGR
position.  The orders Remarks column reads: Member will convert to  TR
position with authorized grade of captain.  Overgrade waiver  approved
on 4 January 1998 for two years.  Also on 14 January 1998, a promotion
order was published promoting him to the grade of major, effective and
with a DOR of 1 October 1997.

On 23 August 2004, he was notified of his selection for  promotion  to
the grade of lieutenant colonel by the AFR.

He has served  over  26  years  of  combined  Air  Force  and  Reserve
component service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/REAMO  addresses  the  applicant’s  request  for  active  duty
points, back pay, and ACP from 1 January 1998 to 22 May 2004  as  well
as the difference in captain and major pay between the dates 1 October
1997 and 31 December 1997.  REAMO recommends partial  relief  in  that
the applicant is entitled to back pay for the rank  of  major  from  1
October 1997 to 31 December 1997.

Regarding his request to receive back pay of ACP from 1  January  1998
to 22 May 2004, REAMO notes the AFR did not implement the ACP  program
until 2000.  Therefore he would not have been able to  apply  for  ACP
prior to 2000.  Further, his request has merit  only  if  he  had  not
resigned his AGR position with an authorized grade of  captain  on  21
October 1997 in favor of a  Traditional  reservist  position  with  an
authorized grade of major.  If he had remained an AGR however,  it  is
conceivable he could have requested an extension of  his  tour  making
him eligible for an ACP contract after 2000,  assuming  his  extension
request would have been  granted.   Regarding  his  request  for  back
points and active duty pay from 1 January 1998 to 22 May  2004,  REAMO
notes again  that  had  he  retained  his  AGR  status,  and  assuming
necessary tour extensions, he would now be eligible for an active duty
retirement.

REAMO  states  the  applicant’s  claim  that  because  of  ineffective
administrative support he was misinformed and had to give up  his  AGR
tour in order to  accept  a  promotion  to  major  is  without  merit.
According to Air Force Instruction (AFI) 36-2504,  Officer  Promotion,
Continuation and Selective Early Removal in The  Reserve  of  The  Air
Force, even if the applicant had thought he was in a captain’s billet,
he could still have held on to the promotion until he  had  secured  a
major’s  billet.   He  then  would  have  been  eligible   to   pin-on
immediately with a DOR of 1  October  1997.   REAMO  notes  that  even
though they (USAF/REAMO) did not exist at the time, they checked  with
the AGR managers of the time (AF/REP and HQ AFRC) and found that  AGRs
were not forced out of their tours for an inability to  pin  on  rank.
The member was eligible to remain in the AGR program at  the  rank  of
the authorized billet until  the  member  secured  a  billet  (through
transfer or upgrade of position) at  the  rank  for  which  they  were
promoted.  The member would then be immediately eligible to pin on the
new rank.  REAMO contends there is no record in the file as to why his
AGR tour was curtailed.  Applicant states it was curtailed because  he
was unable to pin-on major and was therefore “forced out of the tour.”
 REAMO states the applicant resigned from his AGR tour voluntarily.

REAMO’s complete evaluation is at Exhibit C.

HQ AFPC/DPPPOO addresses  the  applicant’s  eligibility  for  a  RegAF
appointment.  DPPPOO states the applicant met and was selected  for  a
RegAF Appointment by the CY90 Regular Air Force Appointment Board that
convened on 20 August 1990.  The RegAF Board results were released  on
30 October 1990 and selectees were given until  28  December  1990  to
accept the RegAF offer.  DPPPOO states applicant was not aware of  his
selection for a RegAF appointment and that had he known, he would have
taken the steps necessary to accept the offer.  DPPPOO  notes  as  the
applicant’s squadron was deployed in support of  Desert  Shield/Desert
Storm the possibility exists his servicing Military  Personnel  Flight
(MPF) may have inadvertently thought the applicant was  also  deployed
and that the personnel team at  his  deployed  location  was  handling
notifications  for  the  deployed  officers.   Since  access  to   the
selection lists were prohibitively limited in  1990,  DPPPOO  believes
the possibility exists the applicant would have found it difficult  to
locate any information about his selection or nonselection for a RegAF
appointment.  Therefore, DPPPOO recommends his records be  changed  to
show he accepted the RegAF appointment.  Additionally, he  be  granted
Special Selection  Board  (SSB)  consideration  for  the  CY95A  Major
Selection Board and if not selected he be considered for promotion  to
major by the  CY96A  Major  Selection  Board.   Further,  his  Officer
Selection Brief be corrected to show  his  DOS  as  Indefinite  rather
than, 31 December 2003.

DPPPOO’s complete evaluation is at Exhibit D.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagrees with the HQ USAF/REAMO  advisory  and  provides  a
copy of an AF Form 1288, the document that transferred  him  from  the
169th ACPF to 10 AF/CCS,  clearly  stating  the  position  number  and
authorized grade of the position to be major.   He  contends  this  is
proof positive that  the  “Capt”  on  Special  Order  (SO)  A-094,  is
incorrect and that SO AA-116 showing the authorized grade of major  is
correct.  He contends REAMO’s contention that  curtailment  statements
were not found (removing him from his AGR tour), is without  merit  as
he has found the documents in question confirming his  statement  that
he was under the impression he was in  an  overgrade  situation.   His
commander’s statement that his career goals,  “…changed  from  one  of
full time service to that of a part time reservist, and the pursuit of
a civilian,” is  misrepresentative.   At  the  time,  he  had  no  job
prospects  and  certainly  would  not  have  terminated  his  civilian
position and associated major billet to uproot  his  family  and  move
them to Columbus, MS, unless it was for what he would consider a  good
career move.  He states that,  in  direct  contradiction  to  the  AGR
Career Management Program, he was not given the opportunity to realize
a career and potential retirement in the AGR program and  he  was  not
properly afforded career counseling he now knows  he  needed  to  make
more informed decisions.  He states he  intends  to  continue  serving
with the 43rd FTS no  matter  what  the  Board  concludes  and  argues
against the advisory’s opinion that  his  application  is  speculative
when referring to tour extensions and rank issues.

Applicant’s complete evaluation, with attachments, is at 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice in regards to the applicant’s  request
for a Regular Air Force appointment, consideration  for  promotion  to
the grade of major by SSBs, and the difference  in  pay  from  October
1997 to December 1997.  The CY90 Regular Air Force  Appointment  Board
met on 20 August 1990 and published its results  on  30 October  1990.
Applicant had been selected and was given until 28  December  1990  to
accept the Regular Air Force Appointment offer.  The Air Force  office
of primary responsibility recommends approval of  his  request  for  a
Regular Air Force Appointment and we agree.  Further, as  he  was  not
selected for promotion to the grade of major by the  CY95A  and  CY96A
Major Selection Boards with an accurate record, we believe  he  should
be granted SSB consideration for promotion to the grade  of  major  by
the selection boards in question.  As a matter of interest, whether or
not he is allowed to continue on active duty depends on the results of
the SSBs.  If he is selected for promotion, he  will  be  provided  an
opportunity to return to active duty.  In regards to his  request  for
back pay for the period he was serving as a major and being paid as  a
captain, we recommend he receive the difference in pay between the two
grades for the period 1 October 1997 to 31 December 1997.   Therefore,
we recommend that the records be corrected as indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice regarding the remaining issues for
which he has requested relief.  We  took  notice  of  the  applicant's
complete submission in judging the merits of  the  case;  however,  we
agree with the opinions and recommendations of the Air Force office of
primary responsibility and adopt their rationale as the basis for  our
conclusion that the applicant has not been the victim of an  error  or
injustice in that he voluntarily curtailed his AGR  tour  and  is  not
entitled to back pay and allowances,  ACP,  and  active  duty  points.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend granting the remaining relief sought.

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  issue(s)   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. On 5 February 1990, he  was  tendered  and  accepted  a
Regular Air Force Appointment and action be initiated to obtain Senate
confirmation.

            b. The  Field  Grade  Officer  Performance  Report  (OPR),
rendered for the period 25  July  1990  through  26  August  1991,  be
amended in block 2, SSN, by  deleting  "FV"  and  in  Section  VI,  by
deleting the words "Augment to the Regular force and".

            c. The OPR rendered for the period 27 August 1991  through
25 May 1992, be amended in block 2, SSN, by deleting "FV", in  Section
VI, by deleting the  words  “Augment  now”  and  in  Section  VII,  by
deleting the sentence “Augment into the Regular Air Force”.

            d. The OPR rendered for the period  26  May  1992  through
25 May 1993, be amended in Section VII, by deleting  the  words  “…and
augment into the Regular Air Force”.

            e. The OPR rendered for the period  26  May  1993  through
11 February 1994, be amended in Section  VI,  by  deleting  the  words
“Augmentation is a must for this clearly  superior  officer”,  and  in
Section VII, deleting the words “-Augment now!”.

            f. The OPR  rendered  for  the  period  12  February  1994
through 22 July 1994, be amended in Section VI, by deleting the  words
“Augment and…” and in Section VII, by deleting the sentence “Augment--
then ISS” and inserting the sentence "Send to ISS.".

It is further directed that he be  considered  for  promotion  to  the
grade of major by Special Selection Boards for the Calendar Year 1995A
and  1996A  Central  Major  Selection  Board,  to  include  the  above
corrections to his record.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 May 2005, under the provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Joseph D. Yount, Member
      Mr. Albert C. Ellett, Member

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

    Exhibit A.  DD Form 149, dated 6 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ USAF/REAMO, dated 25 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit E.  Letter, APPLICANT, dated 11 Nov 04, w/atchs.




                                   JOHN B. HENNESSEY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]
Office Of The Assistant Secretary



AFBCMR BC-2004-03009



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. On 5 February 1990, he accepted  a  Regular  Air  Force
Appointment and upon Senate confirmation he be tendered a Regular  Air
Force Appointment.

            b. The  Field  Grade  Officer  Performance  Report  (OPR),
rendered for the period  25 July  1990  through  26  August  1991,  be
amended in block 2, SSN, by  deleting  "FV"  and  in  Section  VI,  by
deleting the words "Augment to the Regular force and".

            c. The OPR rendered for the period 27 August 1991  through
25 May 1992, be amended in block 2, SSN, by deleting "FV", in  Section
VI, by deleting the  words  “Augment  now”  and  in  Section  VII,  by
deleting the sentence “Augment into the Regular Air Force”.

            d. The OPR rendered for the period  26  May  1992  through
25 May 1993, be amended in Section VII, by deleting  the  words  “…and
augment into the Regular Air Force”.

            e. The OPR rendered for the period  26  May  1993  through
11 February 1994, be amended in Section  VI,  by  deleting  the  words
“Augmentation is a must for this clearly  superior  officer”,  and  in
Section VII, deleting the words “-Augment now!”.

            f. The OPR  rendered  for  the  period  12  February  1994
through 22 July 1994, be amended in Section VI, by deleting the  words
“Augment and…” and in Section VII, by deleting the sentence “Augment--
then ISS” and inserting the sentence "Send to ISS.".

      It is further directed that he be considered  for  promotion  to
the grade of major by Special Selection Boards for the  Calendar  Year
1995A and 1996A Central Major Selection Board, to  include  the  above
corrections to his record.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency