RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05698
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be returned to active duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was retired on 1 Nov 13 based on her Mandatory Separation
Date (MSD); however, she was selected for promotion to the grade
of lieutenant colonel (O-5) by the CY10D Lieutenant Colonel
Nurse Corps (NC) Special Selection Board (SSB).
In support of her request, the applicant provides a letter from
AFPC/DPSOO dated 5 Dec 13.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Nov 93, the applicant entered active duty.
According to her DD Form 214, Certificate of Release or
Discharge from Active Duty, she was retired 1 Nov 13 in the
grade of major (O-4) with a narrative reason for separation of
Voluntary Retirement: Maximum Service or Time-in-Grade.
She served 20 years on active duty.
According to AFPC/DPSOOs letter dated 5 Dec 13, she was
selected for promotion to the grade of lieutenant colonel with a
Date of Rank (DOR) of 1 Jun 12 by the CY10D Lieutenant Colonel
NC SSB which convened on 23 Sep 13.
______________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOO makes no recommendation and states that the applicant
was non-selected for promotion by the CY10D and CY11C Lieutenant
Colonel NC Central Selection Boards (CSB). On her second non-
selection, her MSD was established as 31 Oct 13. On 23 Sep 13,
the SSB selected her for promotion to the grade of lieutenant
colonel with a retroactive DOR and effective date of 1 Jun 12.
Upon Senate confirmation, the applicant is entitled to all back
pay and allowances.
The complete DPSOO evaluation is at Exhibit C.
AFPC/DPSOR recommends approval. The applicant was selected for
promotion to the grade of lieutenant colonel which allows
continued service beyond the previously established MSD. As a
lieutenant colonel, officers can serve up to 28 years of
commissioned service per Title 10 U.S.C. § 633. On 29 Mar 13,
she initiated an application for retirement effective on her
established MSD. The application was approved and retirement
orders were generated on 29 Apr 13 for an effective retirement
date of 1 Nov 13. If the applicants promotion under SSB
consideration had been finalized prior to her retirement
effective date, she could have requested withdrawal of the
retirement In Accordance With (IAW) AFI 36-3203, Service
Retirements, paragraph 2.22.3.
The complete DPSOR evaluation, with attachments, is at Exhibit
D.
______________________________________________________________
APPLICANTS REVIEW OF THE AIR FORCE EVALUATION:
On 4 Apr 14, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days (Exhibit
D). As of this date, this office has not received a 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice to warrant
relief. After a thorough review of the applicants records and
the documents provided, we agree with the recommendation of
DPSOR and adopt the rationale expressed as the basis for our
decision that the applicant has been the victim of either an
error or an injustice. Therefore, we recommend her records be
corrected as indicated below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that she was
not released from active duty on 31 Oct 13 and retired effective
1 Nov 13, but continued to serve on active duty and was ordered
Permanent Change of Station (PCS) to her home of record or home
of selection pending further orders.
________________________________________________________________
All members voted to correct the records as indicated. The
following members of the Board considered AFBCMR Docket Number
BC-2013-05698 in Executive Session on 7 Aug 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 13, w/atch.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSOO, dated 14 Jan 14.
Exhibit D. Letter, AFPC/DPSOR, dated 9 Mar 14.
Exhibit E. Letter, SAF/MRBR, dated 4 Apr 14.
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