RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2006-00061
            INDEX CODE:  131.00
            COUNSEL:  MR. GRANT LATTIN

            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His record be corrected to reflect promotion to the rank  of  lieutenant
colonel effective 1 September 1995.

2.  The effective date of his retirement be changed from 1 May 2003  to  the
first day of the month following the month of the Special Selection  Board’s
decision.  By amendment at Exhibit  D,  applicant  requests  his  retirement
date be corrected to any date after the AFBCMR makes its  decision  in  this
case.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

The retirement date of 1 May 2003 was not voluntary.   It  was  mandated  by
the fact he had reached the maximum number of years of commissioned  service
(24 years) permitted for the grade of major.  If he had not  been  illegally
discriminated against on the basis of race and gender in September 1994,  he
would have stayed on active duty.

In support of his appeal, the applicant submits a  copy  of  the  Record  of
Proceedings dated June 16, 2005 and a copy  of  the  selection  notification
and Senate Confirmation.  Applicant’s submission, with  attachments,  is  at
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 26 September 2005, the  applicant  was  selected  for  promotion  by  the
Special Selection Board  for  the  CY94A  Lieutenant  Colonel  Line  Central
Selection Board.

________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRRP states they have made the  required  administrative  corrections
to the applicant’s  record  reflecting  his  grade  of  lieutenant  colonel.
However,  DPPRRP  states  that  the  applicant’s  request  to   change   his
retirement date to 1 May 2003 to 1 October 2005 should  be  denied.   DPPRRP
advises the applicant may or may not have continued  his  Air  Force  career
past 1 May 2003  even  if  he  had  been  promoted  at  his  original  CY94A
promotion board.  The AFPC/DPPRRP evaluation is at Exhibit B.

________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel states  that  because  the  applicant  was  promoted  to  lieutenant
colonel effective 1 September 1995, the basis for his retirement  on  1  May
2003 no longer exists.  The Air Force has absolutely no evidence to  support
its speculation that the applicant would have  requested  retirement.   Such
speculation is simply a pretense for not providing the applicant the  relief
to which he is legally entitled.  Counsel  advises  the  applicant  will  be
willing to accept a correction of his retirement date to any date after  the
AFBCMR makes its decision in this case.  If the Air Force  is  unwilling  to
accept this alternative offer, then the applicant demands  his  legal  right
to return to active duty.  The counsel’s letter is at 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant relief.  After a thorough  review
of the evidence presented, we are  sufficiently  persuaded  that  corrective
action is warranted in this case.   Because  of  the  circumstances  of  the
applicant’s early retirement,  i.e.,  failure  of  promotion  to  lieutenant
colonel because of an  inaccurate  record,  the  applicant  was  mandatorily
retired on 1 May 2003 because he had reached the maximum (24  years)  number
of years of active commissioned service as a major.  We  disagree  with  the
rationale of the office of  primary  responsibility  regarding  whether  the
applicant may or may not have continued his Air  Force  career  past  1  May
2003.  Given the totality of the circumstances  of  this  case,  we  do  not
believe the recommendation by the OPR to deny a  change  in  his  retirement
date  provides  the  applicant  full  and  fitting  relief.   The  fact  the
applicant did not voluntarily retire as a major earlier than  his  mandatory
retirement date demonstrates he may have continued his career and  not  have
requested retirement on or before 1 May  2003.   We  noted  the  applicant’s
request to accept a correction of his retirement date to any date after  the
Board’s decision; we believe this request to be reasonable.  In arriving  at
our decision, we are aware that  the  courts  have  held  that  we  have  an
abiding moral  sanction  to  determine  what  constitutes  an  error  or  an
injustice and to take steps to grant full and fitting relief.   In  view  of
the foregoing, we recommend the applicant’s  records  be  corrected  to  the
extent indicated below.

4.  In regard to the applicant’s request that his  record  be  corrected  to
reflect promotion to the rank of lieutenant colonel  effective  1  September
1995, we note that on 20 January 2006, the applicant was advised by the  Air
Force Personnel Center that a correction to  his  retirement  order  and  DD
Form 214,  Certificate  of  Release  or  Discharge  from  Active  Duty,  was
accomplished to reflect the grade of lieutenant colonel  with  the  date  of
rank of 1 September 1995.  Therefore, action by this Board on  this  request
is not required.


________________________________________________________________

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 not retired on  1  May  2003,
but on that date was continued on active duty and ordered  permanent  change
of station to his home of record (home of selection) until  31  March  2006,
on which date he was relieved from active duty and  retired  for  length  of
service, effective 1 April 2006.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-00061
in Executive Session on 21 March 2006, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Chair
                       Mr. Patrick C. Daugherty, Member
                       Ms. Debra Walker, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jan 06, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRRP, dated 20 Jan 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Feb 06.
    Exhibit D.  Letter, Counsel, dated 14 Feb 06.





                                   JAMES W. RUSSELL III
                                   Panel Chair


AFBCMR BC-2006-00061




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 XXXXXXXXXXXXX, be corrected to show that he was not retired on
1 May 2003, but on that date was continued on active duty and ordered
permanent change of station to his home of record (home of selection) until
31 March 2006, on which date he was relieved from active duty and retired
for length of service, effective 1 April 2006.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency