RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01823
		INDEX NUMBER:  136.00

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His retirement orders assigning him to the Retired Reserves be rescinded.

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APPLICANT CONTENDS THAT:

He submitted an application for transfer to the Retired Reserves due to not being notified of his selection for promotion to lieutenant colonel by the FY02 Chaplains Lieutenant Colonel Selection Board.  If he had known of his selection for promotion he would not have applied for transfer to the Retired Reserves.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant met, but was not selected by the FY01 Chaplains Lieutenant Colonel Selection Board.  Normal procedures require notification be sent to members who were not selected for promotion.  At that time, first time non-selects are advised of their pending promotion consideration for the next board.  Members meeting the FY02 Chaplains Lieutenant Colonel Selection Board were sent a pre-selection brief for review in Aug 00.  It cannot be verified that the applicant received either of these documents.

On 2 June 2000, the applicant was notified he was selected for continuation on the Reserve Active Status List.  He signed an acceptance for continuation status on 7 Jun 00, which stated he would be considered Above-the-Promotion-Zone by future promotion boards.  His mandatory separation date changed from 1 Dec 00 to 31 Jul 05, due to his acceptance of continuation status.

On 18 Sep 00, the applicant signed an AF Form 131, Application for Transfer to the Retired Reserve, requesting a retirement effective date of 30 Apr 01.  The submission of the application was voluntary.  On 15 Feb 01, orders were published assigning the applicant to the Retired Reserve on 30 Apr 01.

On 19 Feb 01, the applicant was selected for promotion by the FY02 Chaplains Lieutenant Colonel Selection Board.  Public release of the selection board results was 20 Apr 01.  The results were available on the ARPC web page on 20 Apr 01 and notification was also sent to the applicant’s central manager and the active duty Military Personnel Flight that serviced his personnel records.  The actual date the applicant was notified is unknown.

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AIR FORCE EVALUATION:

The Air Reserve Director of Personnel Management, ARPC/DPP, evaluated this appeal and recommends denial of the applicant’s request.

The applicant voluntarily submitted his request for transfer to the Retired Reserve before the FY02 Board met.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation and reiterated that the primary reason for his situation is that he was not notified of his selection for promotion in a timely manner, allowing him to cancel his request for transfer to the retired Reserve.

The applicant’s complete response 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  The Board notes that the Air Force could not confirm when or if the applicant was officially notified of his selection for promotion.  We find it reasonable that had the applicant been notified prior to his transfer to the Retired Reserve on 30 Apr 2001, he would have requested that his transfer be cancelled.  In view of the fact that the applicant was considered and selected for promotion to lieutenant colonel, we believe that the appropriate officials should have contacted the applicant prior to his retirement date of 30 April 2001.  Therefore, the Board recommends that the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	  a.  He was not assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List effective 30 Apr 2001 but continued in his assignment with the 9018 Air Reserve Personnel Center Squadron.

	  b.  He was promoted to the Reserve grade of lieutenant colonel with a Promotion Service Date and Promotion Effective Date of 1 October 2001.

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The following members of the Board considered this application in Executive Session on 30 October 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board voted to grant applicant’s request.  X voted to deny the applicant’s requests but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPP, dated 18 Sep 01.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 01.

                                   

AFBCMR 01-01823

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXX, XXX-XX-XXXX, be corrected to show that:

		  a.  He was not assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List effective 30 April 2001 but continued in his assignment with the 9018 Air Reserve Personnel Center Squadron.

		  b.  He was promoted to the Reserve grade of lieutenant colonel with a Promotion Service Date and Promotion Effective Date of 1 October 2001.