ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02863-2
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  19 MARCH 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

In a letter, dated 17 Jul 06, the applicant requests  that  his  DD  214  be
corrected to show that:

      a.  His separation from active duty was not due to  non-selection  for
promotion.

      b.  He held the rank of Major on his separation date (31 Oct 05).

      c.  Block 23 be changed from “INVOL RELEASE” to “RESIGNATION.”

      d.  Block 26 be changed from “LGB” to “FBK.”

       e.  Block  28  be  changed  from  “NON-SEL  PERMANENT  PROMOTION”  to
“COMPLETION OF REQUIRED ACTIVE SERVICE.”

In an additional DD Form 149, dated 17  Jul  06,  the  applicant  makes  the
following additional requests:

      a.  That the break in service between his date  of  release  from  the
Air Force on 31 Oct 05 and his appointment to the Air Force  Reserve  on  10
Nov 05 be eliminated.

      b.  That his date of rank to captain  be  changed  to  31  May  99  to
eliminate the time he was assigned to  the  Inactive  Service  List  Reserve
Section (ISLRS).

_________________________________________________________________

RESUME OF CASE:

On 2 May 2006, the Board approved a correction to the  applicant’s  military
records to show that:

      a.  He was not released from extended active duty and  was  considered
and selected for promotion to  the  grade  of  major  and  he  be  given  an
appropriate date of rank and effective date of promotion.
      b.  He was not released from extended active duty on 31  Oct  05,  but
was continued on active duty and was ordered PCS to his home  of  record  or
home of selection pending further orders.

      c.  Any  nonselections  for  promotion  to  the  grade  of  lieutenant
colonel in the primary zone prior to receiving at least three OPRs  with  at
least 250 days of supervision will be set aside.

      In a letter dated 17 July 2006, the applicant states he has decided to
decline  reinstatement  to  active  duty,  but  requests  that   all   other
corrections granted by the Board be implemented and that his DD Form 214  be
corrected as specified above (Exhibit G).  In addition to his letter  of  17
July 2006, the applicant submitted a new DD Form 149,  also  dated  17  July
2006 (Exhibit H).  This application  was  assigned  Docket  Number  BC-2006-
02458 and has been administratively closed and combined  with  his  original
request to the Board.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATIONS:

HQ AFPC/DPPPO states if the applicant does not desire to  return  to  active
duty, he will still be entitled to  the  promotion.   Effective  1  Jun  00,
there were no longer any active duty  service  commitments  associated  with
promotion.  Although  by  law  there  were  time-in-grade  restrictions  for
retiring in grade, an officer may pin-on new rank and separate at any  time.
 Therefore, the applicant, upon Senate confirmation of  his  promotion,  can
be promoted to Major with a date of rank and effective date of 1 Oct 05  and
separate as a Major on 31 Oct 05.

The complete HQ AFPC/DPPPO evaluation is at Exhibit I.

HQ AFPC/JA concurs with DPPPO’s recommendations  and  findings.   JA  states
should the applicant transfer to the reserves immediately  upon  separation,
the active duty promotion to major will transfer with him.

The complete HQ AFPC/JA evaluation is at Exhibit J.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After considering the relief we previously  recommended  in  this  case  and
based on advisories prepared by AFPC/DPPO  and  AFPC/JA,  we  recommend  the
applicant’s records be further corrected.  We note that  the  applicant  has
requested specific corrections to his DD Form 214.  However, a DD  Form  214
is completed based on a member’s status at the time of release  from  active
duty.  We  should  only  recommend  corrections  to  the  extent  needed  to
establish the applicant’s status as it would have been had he not  been  the
victim of an error or injustice.  The applicant has  provided  documentation
that he was appointed a captain in the Air Force Reserve on 10 Nov  05.   He
now seeks to be appointed in  the  grade  of  major  based  on  our  earlier
decision to directly promote him.  Since we  previously  reinstated  him  to
active duty, we now only  find  it  necessary  to  show  that  he  made  the
decision to tender his resignation from all appointments the day before  his
appointment to  the  Reserve  and  that  the  resignation  was  accepted  by
competent authority.  Additionally, we recommend his  records  be  corrected
to show that at the time of his appointment in  the  Reserve,  he  held  the
grade of major rather than captain.  As a result of these  corrections,  his
DD Form 214 should be documented appropriately by AFPC.   These  corrections
will also take care of the  additional  requests  as  put  forth  in  Docket
Number BC-2006-02458.  Therefore, we recommend the  applicant’s  records  be
corrected as indicated below.
_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  On  9  November  2005,  he  tendered  his  resignation  from   all
appointments in the Regular Air Force  and  it  was  accepted  by  competent
authority.

      b.  Upon confirmation by the Senate, his records be further  corrected
to show that at the time of his appointment to the Air Force Reserve  on  10
November 2005, his Reserve grade was major rather than captain.
_________________________________________________________________

The following members of the  Board  reconsidered  AFBCMR  BC-2005-02863  in
Executive Session on 12 September 2006, under  the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Panel Member
                 Mr. John E. B. Smith, Panel Member

The following additional documentary evidence was considered:

    Exhibit F.  Record of Proceedings with Exhibits A-E.
    Exhibit G.  Letter, Applicant, dated 17 Jul 06.
    Exhibit H.  DD Form 149, dated 17 Jul 06, w/atchs.
    Exhibit I.  Letter, HQ AFPC/DPPPO, dated 8 Aug 06.
    Exhibit J.  Letter, HQ AFPC/JA, dated 15 Aug 06.

                                        [pic]

                                   THOMAS S. MARKIEWICZ
                                   Chair