RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00904
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The age waiver she was granted to allow her to enter the Health Professions career field be included in her personnel records.
APPLICANT CONTENDS THAT:
Her age waiver is missing from her records. She was granted the age waiver in Sep 07 in order to enter the Air Force, but it does not appear in her records.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 3 Mar 08.
In accordance with AFI 36-2005, dated 19 May 03, officers serving in NC or BSC must be able to complete 20 years active federal military service to include 10 years active federal commissioned service by the end of the month of the officer's 62nd birthday. Therefore, individuals appointed in NC or BSC to fill active force requirements must enter EAD before reaching age 42 years. As her date of birth is 30 Sep 61, she was 46 years old on the date of she entered the Regular Air Force and therefore exceeded the maximum age of 42 for appointment as a health professions officer.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPANN recommends denial indicating there is no evidence of an error or an injustice. Although the age waiver which the applicant is requesting be replaced is not in her personnel file, it is not necessary to career development and advancement. The age waiver was only required to be appointed as an officer in the Air Force. There should be no further requirement for another age waiver until the applicant approaches her 62nd birthday. In accordance with Title 10 United States Code (USC) §1251, if the applicant chooses to seek an age waiver in order to serve beyond the first day of the month following the month in which she becomes 62 years of age, her application should be submitted no earlier than 12-18 months prior to her date of separation.
A complete copy of the AFPC/DPANN 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 16 Sep 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case. While the Board notes the AFPC/DPANNs comment that having the actual age waiver accessing her into the Air Force in her record is not necessary to her career development and advancement, it is apparent the Air Force granted the applicant an age waiver as she exceeded the maximum age of 42 for appointment when she was accessed as a second lieutenant in a health professions career field. While the Board agrees records related to this action are not essential for the applicants career development and advancement, in our view, such records could be essential to support a future request from the applicant for retention beyond the age of 62 should she decide to pursue continued retention for the purpose of qualifying for a reserve retirement. We note that this should not be construed as a guarantee that the applicant will be retained beyond the age of 62, but that such a determination will be based entirely on the needs of the Air Force at the time. Therefore, to preclude the possibility of an injustice to the applicant, we recommend the applicant's records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 January 2008, competent authority approved the applicants request for a waiver of the maximum age for appointment as a health professions officer.
The following members of the Board considered AFBCMR Docket Number BC-2014-00904 in Executive Session on 22 Jan 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00904 was considered:
Exhibit A. DD Form 149, dated 20 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPANN, dated 4 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 14.
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