RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03569
            INDEX CODE:  131.00, 136.00

      XXXXXXXXX  COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  25 MAY 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

The three-year time-in-grade (TIG) requirement for retirement as  a
Lieutenant Colonel be waived.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Everything changed for her following the events of Sep 11; the  Air
Force implemented a STOP LOSS program for the Nurse Corps  and  she
was going through a high-risk pregnancy, resulting in an  emergency
delivery of her son.  Her husband, an active duty  U-2  pilot,  was
frequently deployed and they became concerned over  the  likelihood
that she would be deployed as well.  It was always her intention to
serve the three years TIG and retire as  a  Lt  Col;  however,  her
family’s increased deployments coupled with an  unpredictable  STOP
LOSS policy forced her to make the difficult decisions that  simply
had to be in the best interest of her son.

In support of her appeal, applicant submitted a personal statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty  on  1  Feb  83  and  had  continuous
honorable service until her  retirement  of  1  Feb  03.   She  was
promoted to the rank of lieutenant colonel with an  effective  date
and promotion service date of 1 Jun 00.

On 2 Aug 00, applicant applied for  voluntary  retirement  with  an
effective date of 1 Aug 01 under the Temporary Early Retirement Act
(TERA).  At that time she had two months TIG as a Lt Col and  would
have had 1 year and 2 months TIG on her requested retirement  date.
Air Force Stop Loss Program delayed her retirement until 1 Feb  03,
at which time she had 2 years and 8 months TIG.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRRP reviewed this application and recommended denial.

On 2 Aug 00, the applicant applied for voluntary retirement  on  an
AF Form 1160, Military Retirement Actions (atch 1) for a retirement
date of 1 Aug 01 under TERA.  At that time she had two months time-
in-grade (TIG) as a Lt Col and would have had 1 year  and  2 months
TIG on her requested retirement date.  Because she was affected  by
STOP LOSS, her retirement date was delayed until 1 Feb 03 at  which
time she had 2 years and 8 months TIG.  She qualified for a 20-year
voluntary retirement on 1 Feb 03.

Public Law (PL) 105-261, 17 Oct 98, changed 10 USC  §1370(a)(2)(A),
allowing  the  Secretary  of  Defense  (SecDef)  to  authorize  the
Secretary of the Air Force (SAF) to reduce TIG requirements to  not
less than two years to retire in the grade of Lt Col for the period
of 1 Oct 90 to 30 Sep 01.  The applicant had less than 2 years  TIG
on her requested retirement date of 1 Aug 01 and  did  not  qualify
for  the  waiver  to  retire  with  two  years  TIG.   PL  106-398,
30 Oct 00, allowed the  SecDef   to authorize the SAF to waive  the
3-year TIG requirement to not less than 2 years from 1  Oct  90  to
31 Dec 01.  PL 107-314, 2 Dec 02, allowed the SecDef  to  authorize
the SAF to waive the 3-year TIG requirement to no less than 2 years
for the period of 1 Oct 02 to 31 Dec 03.  PL 108-136,  24  Nov  03,
allowed the SecDef to waive the 3-year TIG requirement to  no  less
than 2 years.

The applicant retired on 1 Feb 03.  Although she  had  2 years  and
8 months TIG  as  of  her  retirement  date,  the  SecDef  had  not
authorized  the  SAF  to  exercise  this  authority  and  no  force
reduction program existed at that time.

The applicant's Date Initially Entered Uniformed Service (DIEUS) is
30 Nov 82.  As a consequence, her retired pay plan is High-36 under
10 USC Section 1407.  Regardless of her retired grade, either major
or Lt Col, her retired pay is based upon the 50% of the average  of
her basic pay for the 36-months prior to her 1  Feb  03  retirement
date.  If a waiver to the 3-year TIG  requirement  had  existed  on
1 Feb 03, her retired pay would still be the  same.   There  is  no
difference in benefits accorded to her if retired in the  grade  of
major or retired in the grade of Lt Col.

HQ AFPC/DPPRRP’s evaluation, with attachment, is at Exhibit C.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states, she applied for voluntary retirement  under  TERA
on 2 Aug 00 based on  a  separate  family  issue  which  eventually
resolved itself.  She requested her retirement under TERA paperwork
rescinded and the retirement  was  cancelled.   Her  retirement  at
20 years was not affected by STOP LOSS and she served 20  years  of
her own free will.

She  realize  there  is  no  difference  in  the  benefits  as  her
retirement plan is High-3; however, this is not a money issue.  She
proudly wore the rank of Lt Col for 32 months and would have served
the mere four months gladly if  she  did  not  have  a  newborn  to
consider.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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.  Applicant contends that it  was  always  her  intentions  to
serve the three-year TIG and retire  in  the  grade  of  Lieutenant
Colonel.  However, it appears she  made  a  conscious  decision  to
retire early; a decision she acted upon after  serving  two  months
time-in-grade  as  a  lieutenant  colonel.   The   Board   is   not
unsympathetic to  the  applicant’s  dilemma  of  having  to  choose
between an early retirement in the retired grade of major  and  the
responsibilities that come with raising  an  infant  while  serving
during a time of war.  However, since the Secretary of Defense  has
not delegated waiver authority to the Secretary of the  Air  Force,
we lack the authority to grant her stated request even if  we  were
predisposed to do so. More significantly however, the applicant did
not lose any retirement pay. Accordingly,  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 Docket  Number
BC-2006-03569 in Executive Session on 1 February  2007,  under  the
provisions of AFI 36-2603:

      Ms. Cathlynn B. Novel, Panel Chair
      Mr. Don H. Kendrick, Member
      Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Nov 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRRP, dated 5 Dec 06, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Dec 06.
    Exhibit E.  Letter, Applicant, dated 5 Jan 07.




                                   CATHLYNN B. NOVEL
                                   Panel Chair