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AF | BCMR | CY2005 | BC-2005-00398
Original file (BC-2005-00398.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00398
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS:

A  waiver  of  his  three-year  time-in-grade  (TIG)  requirement  for
retirement as a lieutenant colonel (O5).  He be retired in  the  grade
of lieutenant colonel rather than major.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He  interpreted  an  e-mail  from  a  technician  in  the  comptroller
squadron, more than two years prior to his retirement,  to  mean  that
his final basic pay as an O5 would be used to  calculate  his  retired
pay.  He  used  this  information  to  plan  for  his  retirement  and
requested retirement  upon  completion  of  his  active  duty  service
commitment of 15 May 2004.

His retirement benefited the Air Force at a time when the service  was
exploring ways to  reduce  total  personnel  numbers  in  non-critical
areas.   Furthermore,  incomplete  and  misleading  counsel   directly
contributed to his decision to  retire  at  the  end  of  his  service
obligation, with two years TIG.

In support of his request, the applicant submits a personal statement,
a copy of his  retirement  orders  and  an  e-mail.   The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
1 November 1982.  His Total Active Federal Commissioned  Service  Date
(TAFCSD) is 6 October 1989.  He  was  progressively  promoted  to  the
grade of lieutenant colonel (O5), with an effective date and  date  of
rank of 25 June 2002.

On 15 January 2004, the applicant applied for voluntary retirement (AF
Form 1160, Military Retirement Actions), with an effective date  of  1
June 2004, and  to  be  retired  in  the  grade  of  major  (Block  IV
(Remarks).

The applicant was relieved from active duty on 31 May 2004 and retired
in the grade of major, effective 1 June 2004.  His highest grade  held
on active duty was lieutenant colonel.  He had completed a total of 21
years and 7 months of active service for retirement.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRRP recommends the application be  denied.   DPPRRP  states
the applicant requested a voluntary retirement and requested to retire
in the grade of major.  He did not have two-years time-in-grade  (TIG)
on his requested retirement date of 1 June 2004 so he did not meet the
requirement to request a waiver under the HQ  USAF/DP  message,  dated
12126Z May 04.  At the time of the  applicant’s  requested  retirement
date, the Secretary of the Air Force (SAF) authorized, effective 6 May
2004, a reduction of the three-year  TIG  requirement  for  lieutenant
colonels to retire in grade  with  no  less  than  two-years  TIG  and
delegated approval/disapproval authority to HQ AFPC/DPPR.   Under  the
HQ USAF/DP message, the applicant was  not  authorized  to  request  a
later retirement date solely for the purpose  of  attaining  the  two-
years TIG and he did not  request  for  HQ  AFPC/DPPR  to  extend  his
retirement date for hardship or in the best interest of the Air Force.
  Further,  he  did  not  request  a  Presidential  waiver.   The   HQ
AFPC/DPPRRP evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  25
February 2005 for review and response.  As of this date,  no  response
has been received by this office (Exhibit E).
_________________________________________________________________

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 the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   In
view of the above and absent evidence to  the  contrary,  we  find  no
basis to recommend granting the relief sought in this application.
_________________________________________________________________

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-2005-
00398 in Executive Session on 17 May 2005, under the provisions of AFI
36-2603:

                  Ms. B. J. White-Olson, Panel Chair
                  Ms. Patricia R. Collins, Member
                  Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Jan 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRRP, dated 15 Feb 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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