RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03762
INDEX CODE: 136.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect a retirement date of 1 October 2004
rather than 1 June 2005.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had informed National Guard Bureau General Officer Management
Office (NGB/GOMO) (sic) of his intention to retire and be brought back
to active status via a Letter of Indispensability on 1 October 2004.
Initially NGB/GOMO was unsure of how to proceed but finally submitted
a package on 14 March 2005. The Secretary of the Air Force (SECAF)
approved his request on 2 May 2005. NGB/GOMO advised him that the
earliest retirement date he qualified for was 1 June 2005 as his
request had not been approved until the month prior. He believes the
SECAF intent was to establish 1 October 2004 as his earliest
retirement date as that was the date he had applied for and SECAF had
approved.
In support of his appeal, the applicant has provided a copy of the
SECAF approval memorandum.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant began his career on 28 May 1971 on Regular active duty. He
was appointed in the Air National Guard (ANG) on 7 February 1977. He
was progressively promoted to the grade of brigadier general with an
effective and date of rank (DOR) of 2 March 1998. In April 2004, he
was not eligible to be found indispensable while serving as a General
Officer of the Line. On 4 October 2004, he contacted NGB/GO and asked
that he be able to draw his colonel retired pay and still perform the
job of Assistant Adjutant General for Air (AAGA). He submitted two
letter’s of Indispensability to NGB and SECAF. On 2 May 2005, the
Acting SECAF found him indispensable. He was then allowed to retire
effective 1 June 2005 and draw his Active/Guard Reserve (AGR) retired
pay and still serve as the AAGA. He retired in the grade of brigadier
general and had served a total of 34 years.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/GO recommends denial. GO sees no justification to change his
retirement date from 1 June 2005 to 1 October 2004 and he should not
be compensated with Active /Guard Reserve (AGR) retired pay as a
colonel for the time it took to research and coordinate the Letter of
Indispensability action.
GO’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
31 March 2006 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice regarding the actual date of
retirement. Whereas we agree with the applicant that the Secretary’s
intent was probably not to establish his retirement date as 1 June
2005, we are not convinced the Secretary meant to establish a date of
1 October 2004 either. While we are of the opinion that the process
of initiating and staffing a letter of indispensability shouldn’t have
taken as long to complete as it did in this case, we also believe it
would not have happened overnight. We feel the applicant should not
have had to wait until 1 June 2005 to retire, yet we also partially
agree with NGB that he should not be fully compensated for the time it
took to research and complete the action. Therefore, it does not seem
unreasonable to conclude that his retirement date could just as
accurately have been 1 January 2005 rather than 1 June 2005.
Therefore, we recommend that the records be corrected as indicated
below.
______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was retired from
the Air National Guard effective 1 January 2005 rather than 1 June
2005.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 May 2006, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Kathleen F. Graham, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Nov 05, w/atchs.
Exhibit B. Letter, NGB/GO, dated 23 Mar 06.
Exhibit C. Letter, SAF/MIBR, dated 31 Mar 06.
THOMAS S. MARKIEWICZ
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2005-03762
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that he was retired
from the Air National Guard effective 1 January 2005 rather than 1
June 2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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