RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02938
INDEX NUMBER: 102.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1985 regular appointment in the Air Force be reinstated to allow
him time to meet his in-the-promotion-zone (IPZ) board for promotion
consideration to lieutenant colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After his transfer from the Air Force Reserve and selection for
promotion to major on the active duty list (ADL), he was not offered
reinstatement of his Regular Air Force (RegAF) commission. As a
result, he will be required to retire prior to his IPZ board for
promotion consideration to lieutenant colonel.
He is precluded by age from getting his RegAF commission as a result
of his selection for promotion to major. If his RegAF promotion were
reinstated, he would be able to stay on active duty until age 62,
which would give him enough time to meet his IPZ lieutenant colonel
promotion board.
In support of his request, applicant provides a statement with a
summary of his service history.
The applicant’s complete submission, with attachment, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is presently serving on active duty in the grade of
captain. His Total Active Federal Military Service Date is 26
May 89. His Total Federal Commission Service Date is 10 Jun 81. The
applicant was offered and accepted a RegAF appointment when selected
for promotion to captain by the CY84B Captain Central Selection
Board. However, he resigned his RegAF appointment in Aug 86. He
accepted an appointment in the Air Force Reserve on 29 Dec 86. The
applicant was selected for promotion to the grade of major by the
CY03B Major Central Selection Board. He will complete 20 years of
service in May 09 and will be required to leave active duty based on
Air Force policy, which limits Reserve officers to 20 years of
service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPOO recommends denial of the applicant’s request. Air Force
policy limits Reserve officers to 20 years of active military
service. The applicant will reach 20 years of active federal
military service in May 09. By law, an officer must complete 20
years active federal commissioned service before their 55th birthday
to be eligible for appointment as a Regular officer. The applicant
was not offered a RegAF appointment when he was selected for
promotion to major because his 55th birthday occurs before he
completes 20 years of federal commissioned service.
The law clearly outlines the age requirements an officer must meet to
be granted a RegAF appointment. The requirements cannot be waived.
Additionally they point out the applicant’s situation is not unique.
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
24 Nov 04 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim
of an error or injustice. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
4. 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 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-2004-
02938 in Executive Session on 11 January 2005, under the provisions
of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. Patrick C. Dougherty, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPOO, dated 19 Nov 04.
Exhibit D. Letter, SAF/MRBR, dated 24 Nov 04.
GREGORY H. PETKOFF
Panel Chair
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