RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00276
		INDEX NUMBER:  135.02, 131.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He receive back pay and points for January, February and March 1993 unit training assemblies (UTAs) along with three mandays and that he be considered for promotion to the grade of colonel by Special Review Board (SRB) for the FY94 Reserve Colonel’s Board.

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APPLICANT CONTENDS THAT:

He was involuntarily removed from the Air Force Reserve in December 1992 as a result of the Air Force Reserve Lieutenant Colonel High-Year Tenure Program, and administratively returned to active status on 11 March 1993 for participation in the Reserve Transition Program, then reassigned back to inactive status on 12 March 1993.

Applicant indicates that he led his office through two outstanding inspections in 1987 and 1989.  He completed Air War College by seminar in July 1993.  He states that he would have been eligible for the 1993 0-6 Board had he been allowed to remain in the Air Force Reserve for 28 years.

In support of his appeal, applicant submitted a personal statement; HQ AFRES/DP letter regarding Selective Reserve Transition Program; assignment orders associated with his administrative reaffiliation; a completion certificate of Air War College Associate Program; officer performance reports closing 4 June 88 and 3 Jul 89; and an AF Form 777 (Air Force Reserve Promotion Recommendation), dtd 31 July 1989.

Applicant complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reflected applicant’s total federal commissioning service date (TFCSD) as 21 August 1965.  He was promoted to the grade of lieutenant colonel with a date of rank (DOR) of 21 August 1986.

He was assigned to the inactive reserve effective 31 December 1992 as a result of the Air Force Reserve Lieutenant Colonel High-Year Tenure Program.  On 11 March 1993, he was administratively reassigned to the active reserve to make him eligible for entitlements under the Reserve Transition Assistance Program (RTAP).  Applicant was reassigned back to the inactive reserve effective 12 March 1993.  His mandatory retirement date (MRD) was 19 September 1993; he completed 28 years of satisfactory service.  The FY94 Reserve Colonel Selection Board convened on 4 October 1993.

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AIR FORCE EVALUATION:

The Military Personnel Division, HQ AFRC/DPM, reviewed the applicant’s request and recommended that the application be denied.  On 11 June 1993, the Secretary of Defense announced implementation of the Selected Reserve Transition Assistance Program.  The program allowed personnel who were involuntarily separated due to force reductions and tenure programs between 23 October 1992 and up to 10 March 1993 to be afforded the opportunity to be reaffiliated with the unit program in order to qualify for transition benefits.

They state the notification letter clearly outlined that this was an administrative process only and did not require the applicant’s presence or actual participation in the unit.  They further state applicant performed no duty in connection with the reaffiliation and accordingly there is no entitlement to pay and points, or promotion consideration to colonel.  They indicate that the applicant provided no substantive justification to support his request 

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In the applicant’s response to the Air Force evaluation, he restated his original contentions and provided additional evidence chronologically outlining the events surrounding his reassignment into the inactive reserve.  Along with his personal statement, he provided copies of the DOD authority for the Reserve Transition Assistance Program.

Applicant’s complete submission is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and applicant's submission, we do not find his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We are convinced that the applicant’s transfers to the inactive reserve were within governing policies and that it was solely an administrative process to determine the applicant’s eligibility for the Reserve Transition Assistance Program.  Additionally, the applicant served his country honorably for 28 years of satisfactory service, with a mandatory retirement date of 19 Sep 93, which rendered him ineligible for promotion consideration by the FY94 Colonel Promotion Board which convened in Oct 93.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 9 August 2001, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPM, dated 25 May 01.
    Exhibit D.  Letter, AFBCMR, dated 15 Jun 01.
    Exhibit E.  Applicant’s Response, 13 Jul 01, w/atchs.

                                   
                                   Chair