RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-02190
			INDEX CODE:  131.09
	APPLICANT		COUNSEL:  NONE

			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was retired in the grade of colonel, rather than lieutenant colonel.

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APPLICANT CONTENDS THAT:

The decision by the Air Force Personnel Council (SAFPC) to deny him an 11-month time-in-grade waiver for retirement was unjust.

In support of his submission, the applicant submitted a personal statement, copies of his dependent medical history of treatment, numerous personal records and a copy of the Secretary of Defense Public Affairs briefing dated 17 September 1996 (Exhibit A).
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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Regular Air Force, on 30 May 1979.  He was progressively promoted to the grade of colonel, effective and with a date of rank of 1 December 1997.  Pursuant to his 27 August 1999 application, the applicant was released from active duty in the grade of colonel on 31 December 1999 and retired in the grade of lieutenant colonel on 1 January 2000.  He was credited with 20 years, 7 months and 1 day of total active duty service.

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AIR FORCE EVALUATION:

The Chief, Support Division, Air Force Colonel Matters Office, AFCMOB, states that on 27 August 1999 the applicant requested voluntary retirement and simultaneously requested that SAFPC waive the required three years time-in-grade (TIG) and that he be allowed to retire as a colonel after having served only 25 months time-in-grade.  SAFPC disapproved the request for the TIG waiver.  The applicant had the option of withdrawing his retirement request and working with AFCMO to establish a retirement date that would have allowed him to retire as a colonel.  The applicant made a voluntary choice to retire on 1 January 2000 as a lieutenant colonel.

AFCMOB states that the three points highlighted by the applicant in his letter to the Board provided no new information to indicate that the ruling by the SAFPC should be set aside.  The applicant elected to leave the Air Force to address family stress presumably brought on by his very successful career.  He did not attempt to allow the Air Force to help him with these career stresses.  His claim that his career is unique is without merit as is his claim that the initial disapproval of his TIG waiver was less than above board.  In short, the applicant had the option of retiring as a colonel; he elected not to.  Therefore, AFCMOB recommends the applicant’s request for retroactive promotion to the grade of colonel be disapproved (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that he elected to retire when he did because he had too.  He could not wait.  In retrospect, he does not regret the decision that he made two years ago.  It stabilized his family and he has worked hard at filling the void from 2 decades of military service.  It was unfortunate because he had a great career opportunity in the Air Force, but sometimes things just happen.  Military service is indeed service before self and before family.  He states that he believes he has provided additional information about his deteriorating family situation and still firmly requests a retroactive retirement in the grade of colonel (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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case to include his burdening family matters and his request to the Secretary of the Air Force Personnel Council (SAFPC) to waive the required three years time-in-grade (TIG) needed for him to retire in the grade of Colonel.  While the Board finds it commendable that he chose his family over his career, it appears that at the time of his request for voluntary retirement, the applicant was aware of his available options and the possible ramifications of his decision.  By his own admission he states that he elected to retire when he did, because he had too, he couldn’t wait and he doesn’t regret his decision.  Therefore, we find no compelling basis to recommend granting the relief sought in this application.

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 involved.  Therefore, the request for a hearing is not favorably considered.

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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 24 October 2001, under the provisions of AFI 36-2603:

     Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFCMOB, dated 5 Sep 01, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
    Exhibit E.  Applicant’s Response dated 10 Oct 01.