RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03891
                                        INDEX CODE:129.00
                                        COUNSEL:  NONE
                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  24 June 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His retired rank be corrected to reflect captain.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 30 June 2004, he was promoted to captain (0-3).  At this time he  was  in
the  middle  of  an  active  duty  Medical  Evaluation  Board  for  injuries
sustained during his activation in April 2000.  He was on a 4T profile  that
precluded him from serving.  The result of the  MEB  determined  he  was  no
longer physically able to serve in the Air Force Reserve.  He was  initially
offered severance pay for his 13 years of active duty.  Since  he  had  more
than 20 years for a Reserve retirement, he chose a Reserve  retirement.   He
feels an injustice in retiring him at the rank of first  lieutenant  because
he was involuntarily retired due to medical reasons.  His service  connected
disability precluded him from meeting his goal of retiring as  captain.   He
is not looking for pay at the rank  of  captain,  only  for  his  retirement
documents to reflect the rank he achieved.

In support of his appeal, applicant submits a  copy  of  his  Line  of  Duty
Determination and his  Physical  Profile  Serial  Report.   The  applicant’s
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates that the applicant was appointed a first  lieutenant,  Reserve  of
the Air Force with a date of rank and an effective date  of  30  June  2002.
MilPDS also reflects he obtained the rank of captain with  a  date  of  rank
and an effective date of 30 June 2004.  Effective 19 October  2004,  he  was
assigned to the Retired Reserve awaiting pay at age 60 (10  December  2025).


_________________________________________________________________
AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied.  DPP states that the time  in
grade requirement for officers who met a  promotion  board  on  or  after  1
October 1996, and were on a recommended list for promotion to the grades  of
major and below, state a member must serve satisfactorily in the  grade  for
a minimum of 6 months to retire in that grade.  A review of the  applicant’s
record indicated he  retired  under  the  provision  of  Title  10,  U.S.C.,
Section 12731, effective 18 October 2004.  At the time  of  his  retirement,
the applicant had served in the grade of captain for 3 months and  18  days,
however, he did not participate enough to earn  satisfactory  service.   DPP
states that since he did not complete the minimum requirement  of  6  months
to retain captain as his retired pay grade, he was retired in the  grade  of
first lieutenant, the highest grade he served satisfactorily under the  law.
 The ARPC/DPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends that if he was informed correctly,  he  could  have  made
different decisions.  He was not given a choice to stay in and complete  his
time as a result of a medical evaluation board.  He did not  find  out  that
he was being retired as a first lieutenant until he received his package  in
the mail.  Applicant’s letter, with attachments is at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant  to  the  Board’s  request,  HQ  USAF/JAA  states  that  a  Reserve
commissioned officer that is transferred to the Retired Reserve is  entitled
to be placed on the retired list in the highest grade  in  which  he  served
satisfactorily and in accordance with Title  10,  U.S.C.,  Section  1370(d).
Title 10, U.S.C. Section 1370(d)(2) provides that  in  order  to  retire  in
grades  below  lieutenant  colonel,  a  Reserve  officer  must  have  served
satisfactorily in that grade for not less than six months.  JAA  states  the
fact that the applicant  was  essentially  involuntarily  retired  does  not
alter the requirements that he have at least six months  time  in  grade  in
order to retire as a captain.  If the Board determines  that  the  applicant
suffered an injustice, the applicant should  be  given  the  opportunity  to
revisit his election  and  be  permitted  to  elect  either  discharge  with
severance pay or a Reserve retirement in  the  grade  of  first  lieutenant.
The USAF/JAA evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant states that the  options  offered  to  him  at  the  time  of  his
separation  should  have  included  a  full  review  under  the  Air   Force
Disability Evaluation System  (AFDES).   If  the  AFDES  review  would  have
played out, it may have extended him beyond the time needed  for  retirement
at the rank of captain (see Exhibit H).

_________________________________________________________________

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.  The applicant is  requesting  his  records
be corrected to show that, at the  time  of  his  transfer  to  the  Retired
Reserve Section awaiting pay, his rank was captain.  His assertions  he  was
miscounseled concerning his options and relating to  alleged  irregularities
in the processing of his case at the time of his MEB were  noted.   However,
other than his own assertions, he  has  provided  no  evidence  showing  his
substantial rights were violated, his case was improperly processed,  or  he
was miscounseled in any way.   The  applicant’s  assertions  concerning  the
requested relief have been thoroughly addressed in the opinions prepared  by
the Air Force  offices  provided  for  our  review  and  the  applicant  has
provided no evidence which,  in  our  opinion,  successfully  refutes  their
assessments of his case.  In the absence of such evidence, we find no  basis
on which to favorably consider his request that his  Reserve  retired  grade
be changed to captain.

_________________________________________________________________

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 this application in  Executive
Session on 1 March 2005 and 8 August 2005, under the provisions of  AFI  36-
2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Christopher D. Carey, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered for AFBCMR Docket Number
2004-03891:

   Exhibit A.  DD Form 149, dated 14 Dec 04, w/atchs.
   Exhibit B.  Letter, ARPC/DPP, dated 19 Jan 05, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 21 Jan 05.
   Exhibit D.  Letter, Applicant, dated 16 Feb 05 w/atchs.
   Exhibit E.  Letter and Memorandum, AFBCMR, dated 10 Mar 05.
   Exhibit F.  Letter, USAF/JAA, dated 31 Mar 05.
   Exhibit G.  Letter, AFBCMR, dated 20 Apr 05.
   Exhibit H.  Letter, Applicant, dated 9 May 05, w/atch.




                                   CHARLES E. BENNETT
                                   Panel Chair