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AF | BCMR | CY2006 | BC-2006-03841
Original file (BC-2006-03841.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03841
            INDEX NUMBER:  113.00
            COUNSEL:  NONE

            HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  14 JUNE 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  provided  consideration  by  an  administrative  discharge  board  to
determine his status in the Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving as a lieutenant colonel in  the  Air  Force  Reserve,  he  was
charged with tax  evasion  by  the  state  of  Minnesota.   He  advised  the
appropriate Air Force representative and by letter, dated  30  May  03,  was
informed he was recommended for involuntary assignment to the  Nonaffiliated
Reserve Section (NARS).  When he acknowledged this action on the  “Statement
of Selection of Options,” he sought transfer  to  the  Retired  Reserve  and
elected to have his case considered by an  administrative  discharge  board.
This never occurred and he was reduced in grade to major  (O-4)  and  placed
in the Standby Reserve.  The charges of which he has been  convicted  remain
on appeal with the U.S. Supreme Court.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On  29  June  04,  SAF  Personnel  Council  conducted   an   Officer   Grade
Determination  in  regards  to  the  applicant,  and   recommended   he   be
transferred to the Retired Reserve in the grade of major.  On 1 Jul 04,  the
Secretary of the Air Force found the applicant did not serve  satisfactorily
in the grade of lieutenant colonel and directed he  be  transferred  to  the
Retired Reserve in the grade of major.  The applicant was  assigned  to  the
Retired Reserve Section (awaiting pay at age 60) in the grade  of  major  as
of 1 Jul 04 with a date of rank (DOR) as major of 1 Jul 04.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial of the applicant’s request.

On 22 Aug 03, the applicant was notified by  certified  letter  that  action
had been initiated  to  determine  if  he  should  be  discharged  from  his
appointment as an Air Force Reserve officer per AFI 36-3209, Separation  and
Retirement Procedures for Air National Guard and Air Force Reserve  Members,
Paragraph  2.36.7,  “Civilian  Conviction.”   The  applicant  returned   his
“Statement of Selection  of  Options”  and  AF  Form  131,  Application  for
Transfer to the Retired Reserve, signed and dated 11 Sep 04.  The  applicant
annotated on the “Statement of Selection of Options” he  was  not  tendering
his  resignation  and  elected  to  have   his   case   considered   by   an
administrative discharge board should his application for  transfer  to  the
Retired Reserve  be  disapproved.   His  application  for  transfer  to  the
Retired Reserve was approved by the ARPC Commander on 30 Sep 03.  Since  the
applicant’s transfer was approved, there  was  no  further  requirement  for
discharge action processing.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18  Aug
06 for review and comment within 30 days.  To date, a response has not  been
received.
_________________________________________________________________

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 its rationale as the basis for the conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
in the absence of evidence to the contrary, we find no compelling  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  AFBCMR  2005-03841   in
Executive Session on 28 September 2006, under  the  provisions  of  AFI  36-
2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Alan A. Blomgren, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Nov 2005, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ ARPC/DPP Letter, dated 3 Jan 06 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Aug 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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