RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03248
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her age waiver be approved and her Mandatory Separation Date
(MSD) be extended.
2. She be reinstated and allowed to continue her military
career in the Air Force Reserve until she qualifies for a 20-
year retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
When she returned from a six-month deployment, she discovered
she no longer held a position at her current Reserve unit due to
her upcoming MSD and the over-manning in her career field. She
immediately initiated an age waiver request; however, it was not
processed prior to her MSD; thereby, prompting her separation
from the Air Force Reserve.
In support of her appeal, the applicant provides a personal
statement; and, copies of Congressional Inquiry documentation,
her request for retention, medical records, fitness
documentation, and numerous electronic communications.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member in the Air Force Reserve who
served as a Clinical Nurse, Air Force Specialty Code (AFSC)
46N3. She was progressively promoted to the grade of lieutenant
colonel (O-5).
The applicant was notified on 13 November 2011 that her MSD
would expire on 30 November 2012 and, that in accordance with
Title 10, United States Code (USC), Section 14509, she was
required to leave active status on the last day of the month in
which she became 62 years of age. However, in accordance with
Title 10, USC, Section 14703, medical officers are eligible to
apply for an extension to remain in an active status up to age
68. The standard timeline for initiating an extension request
is at least six months before the members MSD; however,
requests may be submitted no earlier than one year prior to the
MSD expiration.
The applicants request for an age waiver to extend her MSD was
received on 5 November 2012. Due to the overage of Clinical
Nurses at the applicants unit, AFRC/SG could not recommend
approval of her request. On 14 November 2012, AFRC/SG
recommended the applicant be assigned to a unit with manning
positions available and, that she apply through her new chain of
command for a MSD waiver. However, a waiver request from her
new chain of command was not received prior to her MSD.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/SG recommends denial. SG indicates that manning for
Clinical Nurses in the Air Force Reserve is at 107 percent. The
applicants AFSC is not a critical wartime healthcare specialty
with critical shortages per Assistant Secretary of Defense
Memorandum, dated 12 July 2011, Fiscal Year 2012-2013 Reserve
Component Wartime Health Care Specialties with Critical
Shortages.
The applicant was not reassigned to a valid vacant position in
an undermanned unit until a few days prior to her MSD. She was
advised that her request for an MSD extension had to be staffed
through her new chain of command. However, no additional
documents were received from the applicant or her unit. Her
discharge order, dated 3 January 2013, reflects her date of
separation as 30 November 2012.
The complete SG 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 10 January 2013 for review and comment within
30 days (Exhibit D). As of this date, this office has received
no response.
__________________________________________________________________
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 an error or an 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 our conclusion the
applicant has not been the victim of an error or injustice.
Additionally, she has not provided evidence to show she was
treated differently from other similarly situated members.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2013-03248 in Executive Session on 10 April 2014,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-03248:
Exhibit A. DD Form 149, dated 5 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/SG, dated 12 Sep 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
Panel Chair
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