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AF | BCMR | CY2005 | BC-2004-02938
Original file (BC-2004-02938.doc) Auto-classification: Denied

                       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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