RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04096
		INDEX NUMBER:  100.00
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be returned to active duty in the grade of major with a date of rank (DOR) of 1 Aug 00 as though he never separated from the Air Force.

When reinstated to active duty, his initial assignment be to McChord AFB, Washington.

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APPLICANT CONTENDS THAT:

His career was prematurely ended due to an error in his record.  The error was corrected and he was promoted to the grade of major by special selection board (SSB) for the calendar year 1999A (CY99A) Central Major Selection Board.  He is now requesting reinstatement to active duty as a follow-on to his selection for promotion.

In support of his appeal, applicant provides a copy of the orders promoting him to the grade of major.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 28 Nov 87 as a second lieutenant.  He was promoted up to the grade of captain.  He was considered but not selected for promotion to the grade of major by the CY99A Central Major Selection Board.  He retired from the Air Force effective 1 Aug 99 under the Temporary Early Retirement Authority (TERA).  As the result of a correction to his military records, the applicant was selected for promotion to major by an SSB on 6 May 02 for the CY99A Central Major Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends approval of applicant’s reinstatement to active duty.  They did not make a recommendation on his request for a specific base of assignment.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air force evaluation was forwarded to the applicant on 28 Mar 03 for review and comment within 30 days.  To date, a response has not been received.

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ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request, AFPC/DPAMF2 provided an additional evaluation to address the applicant’s request to be assigned to McChord AFB, Washington upon his reinstatement to active duty.  They recommend denial of the applicant’s request.

The Chief of Nurse manning at McChord does not support applicant request to serve at that location in the grade of major. 

The complete evaluation is at Exhibit E.

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APPLICANT”S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

In his response to the additional Air Force evaluation, the applicant indicates that he is providing comments on the specific remarks that are incorrect, require explanation, or which he disagrees.  The applicant states that he only set up more permanent living arrangements in the McChord area after he was not promoted and retired early.  He indicates that he disagrees that the manning at McChord AFB does not support his request to remain at that location in the grade of major.  The Air Force assignment system has always been flexible enough to accommodate unusual situations.  He states that an initial assignment to McChord will eliminate what could be a very difficult situation for him.  He states that the recommendation to deny his assignment to McChord AFB is unreasonable given the circumstances of his case.

The applicant’s complete response is at Exhibit G.

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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 error or injustice regarding reinstatement of the applicant to active duty.  The Board notes that the applicant was the victim of an error in his record resulting in his nonselection for promotion and subsequent early retirement.  His records have been corrected and he has been selected for promotion to major.  The Board accepts the recommendation of the Air Force that he should be reinstated to active duty based on his selection for promotion.  Additionally, the Board notes that upon his reinstatement to active duty, the applicant’s records will reflect a break in service that may impact his promotion opportunity to lieutenant colonel.  To ensure that the applicant will have sufficient time to build a record of performance as a major, we recommend that any nonselections for promotion to lieutenant colonel in the primary zone before he has had an opportunity to receive two Officer Performance Reports, in the grade of major, with at least 250 days supervision, be set aside.  Therefore, we recommend that the applicant’s records be corrected as indicated below.  

4.  Notwithstanding the above determination to reinstate the applicant to active duty, sufficient relevant evidence has not been presented to demonstrate the existence of error or injustice regarding his request for assignment to McChord Air Force Base in conjunction with his reinstatement to active duty.  While the applicant alludes to possible hardship should he be reassigned from the McChord area, he has not provided sufficient evidence of a hardship and that his reassignment would place any more of a burden on him than many other Air Force members routinely reassigned to meet Air Force needs.  Additionally, he has not provided evidence that he has exhausted all possible administrative remedies available to him through Air Force channels such as a humanitarian or hardship assignment.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting this portion of the relief sought in this application.

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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 retired under the provisions of the Temporary Early Retirement Authority (TERA) on 1 August 1999, but was continued on active duty and was ordered PCS to his home of selection pending further orders.

	b.  Any nonselections for promotion to the grade of lieutenant colonel in the primary zone prior to receiving a minimum of two Officer Performance Reports with at least 250 days supervision, in the grade of major, be set aside.

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The following members of the Board considered Docket Number BC-2002-04096 in Executive Session on 2 July 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 26 Feb 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 03.
    Exhibit E.  Memorandum, AFPC/DPAMF2, dated 14 May 03.
    Exhibit F.  Letter AFBCMR, dated 22 May 03.
    Exhibit G.  Letter, Applicant, 18 Jun 03.

                                   	

AFBCMR BC-2002-04096

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 XXXXXXXXXXX, XXX-XX-XXXX, be corrected to show that:

		a.  He was not retired under the provisions of the Temporary Early Retirement Authority (TERA) on 1 August 1999, but was continued on active duty and was ordered PCS to his home of selection pending further orders.

		b.  Any nonselections for promotion to the grade of lieutenant colonel in the primary zone prior to receiving a minimum of two Officer Performance Reports with at least 250 days supervision, in the grade of major, be, and hereby are, set aside.