RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03331
COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
1. He be reinstated to active duty in the grade of colonel.
2. In the alternative, he requests to be retired in the grade of
colonel and the associated Active Duty Service Commitment (ADSC) be
waived.
APPLICANT CONTENDS THAT:
Due to an error in his Officer Performance Report (OPR) that closed
out in CY 2009, he was not selected for promotion to the grade of
colonel.
In support of his request, the applicant provides copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty, and
AFPC/DPSOO letter dated 29 July 2014, announcing his selection for
promotion to the grade of colonel.
The applicant's complete submission, with attachments, is at Exhibit
A.
STATEMENT OF FACTS:
On 31 August 2013, the applicant was released from active duty and
retired effective 1 September 2013.
According to Special Order JB-004962, dated 19 September 2014, the
applicant was promoted to the grade of colonel with a date of rank
and effective date of 1 July 2011.
AIR FORCE EVALUATION:
AF/JAX recommends approval. JAX states that the applicant was not
selected for promotion three times between Calendar Year (CY)
2010 and CY 2013, due to an error in his 2009 OPR. On 27 May 2014,
the applicant met a promotion board that considered a corrected OPR
and promotion recommendation form. That board selected him for
promotion to the grade of colonel, and on 17 September 2017, the
promotion was confirmed by the Senate.
The Air Force currently has authorizations for 123 colonel judge
advocates. Following the retirement of six officers in the next
three months, with 14 colonel select judge advocates awaiting
promotion increments, only 102 pinned colonel judge advocates will
remain. The applicant is a former staff judge advocate with
overseas service in Iraq and Korea and earned an AF-sponsored/funded
Master of Laws in International and Operational Law. His re-entry
to active duty would be a welcome source of senior leadership and
legal expertise to the Air Force, helping to alleviate the shortfall
described above.
JAX recommends the following relief: (1) constructive credit from
his retirement to his re-entry on active duty; (2) back pay; (3)
return to active duty; and (4) correction of his record to appear as
though he never retired.
JAX states the advisory opinion was coordinated with AFPC/JA,
AFPC/DPS and AF/DPO.
The complete JAX evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant concurs with the recommendation of the Air Force
Office of Primary Responsibility (OPR).
His 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting relief. Having
carefully reviewed this application, we agree with the
recommendation of the Air Force OPR 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 the applicant's records be corrected as set forth below.
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 issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was not released
from active duty on 31 August 2013 and retired effective 1 September
2013, but continued to serve on active duty and was ordered
Permanent Change of Station to his home of record or home of
selection pending further orders.
The following members of the Board considered AFBCMR BC-2014-
03331 in Executive Session on 21 October 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 August 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AF/JAX, dated 15 October 2014, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 October 2014.
Exhibit E. E-mail, Applicant, dated 17 October 2014.
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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