RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-02146
		INDEX CODE 131.09
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records reflect he was retired in the permanent, rather than temporary, grade of colonel.

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APPLICANT CONTENDS THAT:

The record is not unjust. He simply requests the record change to show a permanent promotion to the grade of colonel for the peace of mind of the retired member and his beneficiaries concerning the Survivor Benefit Plan (SBP).

Applicant'scomplete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 21 Dec 40. He was promoted to the temporary grade of colonel in on 9 Apr 54.  He retired in the temporary grade of colonel on 1 Feb 68 with 27 years, 8 months and 21 days of active service. He elected maximum SBP coverage for his wife and children based on full retired pay.  Child coverage ceased in Jul 85.  

The applicant’s wife was aboard one of the planes that was hijacked by terrorists and crashed into the World Trade Center on 11 Sep 01. As a result, the Defense Finance Accounting Service (DFAS) suspended his monthly spouse premiums effective 11 Sep 01.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO advised that the permanent promotion system for Regular Officers was controlled by the Officer Personnel Act of 1947.  Eligible officers were required to be recommended for promotion by a central board. Permanent promotion to the grade of colonel was gained in approximately 24 years and was based on vacancies.  Those not selected continued to be eligible for consideration until retirement, normally during their 28th year of Promotion List Service. The applicant was considered more than twice but not recommended for permanent promotion to colonel.  Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 5 Oct 01 for review and comment within 30 days.  As of this date, this office has received no response. 

In view of the tragic events of 11 Sep 01, the AFBCMR Staff asked the applicant by letter dated 24 Oct 01 whether he wanted to withdraw his appeal since the basis for his request seemed to be his concern for maximum SBP coverage for his beneficiary.  He was allowed 30 days in which to reply; however, this office received no response.

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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 are not persuaded that his records should reflect he was retired in the permanent, rather than temporary, grade of colonel. In this regard, the applicant was considered but not recommended for permanent promotion to the grade of colonel while he was on active duty. HQ AFPC/DPPPOO and DPPTR advised the AFBCMR Staff that when the applicant reached the 30-year point (active time plus retired time), he was "permanently" retired as a colonel since that was the highest grade successfully held while on active duty. He selected maximum coverage under the SBP for his spouse, and she would have received an SBP annuity based on full retired pay had he predeceased her.  We extend our deepest sympathy to the applicant for his terrible loss; however, his records are not in error with regard to his grade and no corrective action is warranted. 

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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 12 December 2001 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Jul 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 28 Sep 01.
   Exhibit D.  Letters, SAF/MRBR, dated 5 Oct 01, and AFBCMR,
                    dated 24 Oct 01.