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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