RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02739
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 5 MARCH 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason and type of separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His separation and its date were entirely of his choosing. In fact,
due to the current and forecast shortage of officers in the 138 career
field, he and several others were encouraged to remain on active duty.
No supporting documents were submitted with the applicant’s request.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 December 1990, the applicant was appointed a second lieutenant,
Reserve of the Air Force, and was voluntarily ordered to extended
active duty on 3 December 1991. He was progressively promoted to the
grade of captain, Reserve of the Air Force, with an effective date and
date of rank of 12 June 1995.
On 1 October 2002, the applicant was involuntarily released from
active duty and transferred to the Air Force Reserve under the
provisions of AFI 36-3207 (nonselection permanent promotion), with
separation pay. He had completed a total of 10 years, 9 months and 29
days of active service and was serving in the grade of captain,
Reserve of the Air Force, at the time of separation.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends the application be denied. DPPRS states the
applicant’s separation was consistent with the procedural and
requirements of the discharge regulation and law.
DPPRS indicates the applicant’s 5 October 2001 request for separation,
effective 1 May 2002, was approved on 18 October 2001. However, he
was affected by Stop Loss and retained on active duty. On 11 July
2002, the applicant signed a “Stop Loss Member’s Statement of Intent”
requesting a new separation date of 1 October 2002.
DPPRS states the applicant was considered and nonselected for
promotion to major by the CY01A and CY02A Major Selection Boards. Due
to his second nonselection by the CY02A board, the applicant would
have been given a mandatory separation date of 31 October 2002.
Although the applicant requested an early separation date, this was
still considered an involuntary separation based on the fact he was
not selected for promotion to major for the second time. He was
offered selective continuation, but declined and acknowledged his
separation would be an involuntary separation, with entitlement to
separation pay. DPPRS indicates that if the applicant’s narrative
reason for separation is changed to reflect he voluntarily separated
from the Air Force, he will be required to pay back the separation pay
($55,021.20) he received. The HQ AFPC/DPPRS 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 3
October 2005 for review and response. As of this date, no response
has been received by this office (Exhibit D).
_________________________________________________________________
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
appropriate Air Force office 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 this application in
Executive Session on 9 November 2005, under the provisions of AFI 36-
2603:
Mr. Christopher D. Carey, Panel Chair
Ms. Barbara R. Murray, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2005-02739.
Exhibit A. DD Form 149, dated 24 Aug 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 27 Sep 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 3 Oct 05.
CHRISTOPHER D. CAREY
Panel Chair
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