ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00462
            INDEX CODE:  111.05

      -----------------      COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to show he be retired on 1 Sep 99 in the  grade
of lieutenant colonel, upon the completion of 28  years  of  service  rather
than on 1 Jul 93, with all back pay, allowances,  and  a  re-computation  of
his retired pay based on the additional years of service.

2.  The 56.5  days  of  accrued  annual  leave  that  he  sold  in  1993  be
recalculated and paid to him as if he had retired on 1 Sep 99 rather than  1
Jul 93.

_________________________________________________________________

STATEMENT OF FACTS:

On 10 May 07, the Board considered and  partially  granted  the  applicant’s
request.

The Board recommended his records be considered for promotion to  the  grade
of Colonel by a Special Selection Board (SSB) for the  Calendar  Year  1992A
(CY92A) Colonel Central Selection Board (CSB).  The Board  further  directed
his records be considered for retention by an SSB  for  the  1993  Selective
Early Retirement Board  (SERB),  which  convened  on  20 Jan 93,  using  the
modified selection process the Secretary of the  Air  Force  prescribed  for
the specifically designated board and which was  slightly  modified  by  the
Federal Court of Claims in Berkley.  For an  accounting  of  the  facts  and
circumstances surrounding the applicant’s initial request and the  rationale
of the earlier decision by the Board,  see  the  Record  of  Proceedings  at
Exhibit H (with Exhibits A through G).

On 24 Sep 07, the applicant was considered and nonselected for promotion  to
the grade of colonel by the CY92A SSB.

On 14 Jan 08, his records were considered by the S0593A  SSB  for  the  1993
SERB, which included the corrections directed by the  Air  Force  Board  for
Correction of Military Records (AFBCMR) and he was selected to be retained.

By application, dated 2 Jun 08, he requests reconsideration of  his  appeal,
requesting that his active duty retirement date be changed from 1 Jul 93  to
1 Sep 99 and that he be provided active  duty  pay  and  benefits  from  his
retirement date of 1 Jul 93 to 1 Sep 99.  Further, that his retired  pay  be
recalculated using the 1 Sep 99 retirement date and he receive all back  pay
and entitlements.  He also requests the annual leave that he sold  upon  his
retirement in 1993 be recalculated and paid to him as if  he  retired  on  1
Sep 99.

He contends that since he was selected for retention by the S0593A  SSB  and
he had no intention of retiring in 1993, he would have retired  at  the  28-
year point.

In support of his appeal, the applicant  provides  background  documentation
related to his appeal.

The applicant’s complete submission, with attachments, is at Exhibit I.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR  recommends  denial  indicating  that  although   the   applicant
contends he would have retired on 1 Sep 99, there is no way  to  predict  if
he would have served until that time.  He might have  voluntarily  requested
an earlier retirement date than 1 Sep 99 for another personal reason.

DPSOR notes the applicant reached retirement eligibility as of 1 Sep  91  at
which point he had 20 years total active federal  military  service.   Since
he had three years time in grade on 1 Feb 91 he could have  retired  in  the
grade of lieutenant colonel on 1 Sep 91 or anytime after that date  as  long
as there were no active duty service commitments barring his retirement.

A complete copy of  the  AFPC/DPSOR  evaluation,  with  attachments,  is  at
Exhibit J.

AFPC/DPSIMC recommends denial.  DPSIMC indicates the applicant must  clearly
show that an error or injustice by the Air Force
caused him to lose leave.  After reviewing his case, they find no  error  or
injustice by the Air Force.

If the Board grants the member a later retirement date, the applicant  would
only be able to sell 4.5 days as he previously sold 56.5 days and 60 is  the
maximum that can be sold during a military career.

A complete copy of the AFPC/DPSIMC evaluation is at Exhibit K.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The AFPC/DPSOR advisory opinion does not recognize the gravity of  the  SERB
process, its affect on those selected  to  separate,  and  the  Air  Force’s
intent for the treatment of SERB-selected  officers.   The  Air  Force  took
extraordinary steps to not disclose the identity of those officers.  He  was
verbally notified of his SERB selection by  Brigadier  General  H---  during
the first week of March 1993, and the  Air  Force  assured  him  his  status
would not be known beyond the generals in his  chain  of  command.   He  was
required to apply for a retirement that he did  not  want,  and  he  did  so
without disclosing that he had been  “SERB’d.”   Yet  the  advisory  opinion
implies he should have disclosed his status to the  noncommissioned  officer
(NCO) handling his retirement and have asked for an involuntary  retirement.
 He believes this is contrary to  the  express  intent  of  the  Air  Force.
Disclosing his status was  something  he  chose  not  to  do,  and  was  not
required to do.

He requested and secured a joint spouse assignment reporting in  the  summer
of 1993, which is supported by the statement from his immediate  supervisor,
which verifies his intent to prolong his career and stay on active duty.

He does not seek any additional paid leave but  to  recalculate  the  amount
paid for the 56.5 days he sold upon retirement at the 1999 rate.

The applicant’s complete response, with attachments, is at Exhibit M.

_________________________________________________________________

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 warranting a correction to the  record.   In
an earlier finding, the Board determined the applicant’s records  should  be
considered for promotion to the grade of colonel by an  SSB  for  the  CY92A
CSB and also directed his records be considered for  retention  by  an  SSB.
The applicant was considered and not selected for promotion to the grade  of
Colonel by the CY92A SSB, but was selected for retention by the S0593A  SSB.
 As a result  of  his  selection  for  retention  by  the  S0593A  SSB,  the
applicant now requests that his records be  corrected  to  reflect  that  he
retired on 1 Sep 99, with 28 years of service with entitlement to  all  back
pay and allowances.  We believe that since he was selected for retention  by
the S0593A Special SERB, it would be equitable to retire  the  applicant  in
the grade of lieutenant colonel on 1 Sep  99,  which  is  at  his  mandatory
separation date of 28 years of service.  In view of this and  based  on  the
totality of the circumstances surrounding his case, we are of  the  opinion,
that he should be allowed to retire effective  1 Sep  99  in  the  grade  of
lieutenant colonel, with entitlement to all back pay, allowances  any  other
entitlement resulting from the correction to his  records.   Further,  since
officers are authorized to sell leave upon retirement, we believe the  leave
he sold should be recalculated and paid at the 1 Sep  99  rate  rather  than
the 1 Jul 93 rate.  Accordingly, we recommend  the  applicant’s  records  be
corrected to the extent set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.  He was not relieved from active duty  on  30 Jun 93,  and  retired
for length of service on 1 Jul 93, but on that  date  he  was  continued  on
active duty in the grade of lieutenant colonel.

      b.  On 31 Aug 99, he elected spouse-only coverage under  the  Survivor
Benefit Plan (SBP) based on a reduced level of retired pay.

      c.  He elected to receive a cash settlement  for  fifty-six  and  one-
half (56.5) days of unused accrued leave on 31 Aug 99, rather  than  30  Jun
93.

      d.  He was relieved from active duty on 31  Aug  99  and  retired  for
length of service, effective 1 Sep 99, in the grade of lieutenant colonel.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00462 in Executive Session on 23 Sep 09 under  the  provisions  of  AFI  36-
2603:

      Mr. -------------, Panel Chair
      Ms. -------------, Member
      Mr. -------------, Member

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

   Exhibit H.  Record of Proceedings, dated 10 May 07,
               w/atchs.
   Exhibit I.  DD Form 149, dated 2 Jun 08, w/atchs.
   Exhibit J.  Letter, AFPC/DPSOR, dated 17 Jun 08, w/atchs.
   Exhibit K.  Letter, AFPC/DPSIMC, dated 27 Jun 08.
   Exhibit L.  Letter, SAF/MRBR, dated 11 Jul 08.
   Exhibit M.  Letter, Applicant, dated 30 Jul 08, w/atchs.





                                   --------------
                                   Panel Chair
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