RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00518

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her records be corrected to show that she served on active duty as a colonel from 1 May 1996 until 10 May 2002, with all back pay and allowances.

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APPLICANT CONTENDS THAT:

She did not make an informed decision to retire as a colonel until May 2002.

The applicant states that she was given only two options (return or not return to active duty).  She was not advised of other options regarding pay.  She now knows that had she returned to active duty or requested that her records show that she continued on active duty, her records would have been corrected to show no break in active duty service, and her pay and benefits would have flowed from the change.  She should not be prejudiced by the length of the review process to correct her record, which was a major cause for her not returning to active duty.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired in the grade of lieutenant colonel on 1 September 1999.  She completed 20 years, 1 month, and 3 days of active service.

In an application to the AFBCMR, dated 23 May 1999, she requested promotion to the grade of colonel as if selected by the CY95B selection board.

The AFBCMR considered her request for direct promotion on 31 May 2001, and found insufficient evidence of an error or injustice to warrant her direct promotion.  The AFBCMR did, however, direct that she be considered for promotion to the grade of colonel by an SSB for the CY95B selection board.

On 3 December 2001, she was considered for promotion to the grade of colonel by an SSB for the CY95B selection board and it was determined that she would have been selected for promotion by the CY95B selection board.

On 15 March 2002, she was notified that she had been selected for promotion to the grade of colonel, with a date of rank (DOR) of 1 May 1996 by an SSB for the CY95B selection board.  She was further advised that, if she desired, she could submit an addendum to her original AFBCMR application to request reinstatement to active duty or retirement in the higher grade.

Her retirement in the grade of lieutenant colonel effective 1 September 1999 was revoked and she was retired in the grade of colonel, effective 1 September 1999.

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AIR FORCE EVALUATION:

AFSLMO/SU recommends denial of the applicant’s request that her records be corrected to show that she served on active duty as a colonel from 1 May 1996 until 10 May 2002, with all back pay and allowances.  However, AFSLMO/SU recommends her records be corrected to show that she retired in the grade of colonel on 1 May 1999.

The AFSLMO/SU evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Although the evaluation recommends favorable consideration of her request for a DOR to colonel of 1 May 1996, that has already been granted to her, and her records changed accordingly.  In addition, while AFSLMO/SU also recommends she be retired effective 1 May 1999, she did not originally retire until 1 September 1999.  What she requests is a retirement date of 1 May 2002, which is when her promotion to the grade of colonel was final and she made the informed decision to retire in that grade, rather than return to active duty.  She does not wish to appear ungrateful for the past relief the Board has given her; however, she requests the same relief granted to others whose circumstances are similar as a matter of equity.

Applicant’s complete response is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

AF/JAG recommends denial of the applicant’s request and states, in part, that if any error or injustice occurred in her case, the SSB provided her more than adequate relief.  She has failed to demonstrate any error, facts, circumstances, or compelling reason supporting an injustice.  She no longer alleges her military record is inherently in error or contains an injustice.  She never asserts she would have remained on active duty.  In her initial request and addendum she consistently requested to retire as a colonel on 1 September 1999, her original retirement date.  Although nonselected for promotion, she did control when she retired.  To award her excess unearned service and compensation beyond her original voluntary retirement date would result in her receiving a monetary windfall and serve as a severe penalty to the Air Force.

The AF/JAG evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AF/JAG evaluation was forwarded to the applicant on 20 May 2003 for review and response within 30 days.  However, as of this date, this office has 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After reviewing the evidence of record, we are not persuaded that the relief sought in this appeal should be approved.  In this respect, we note that based on a prior Board decision, the applicant was considered and selected for promotion to the grade of colonel by an SSB for the CY95B selection board.  Her records have been corrected to show that she was promoted to the grade of colonel on 1 May 1996 and on 1 September 1999, retired in the grade of colonel.  She now requests her records be corrected to show that she continued to serve on active duty from 1 September 1999 to 10 May 2002.  She contends that when she elected to have her records corrected to show that she served in the grade of colonel from 1996 to 1999 and retired in the grade of colonel, she was not advised of other available options regarding pay.  In addition, she contends that she did not make an informed decision to retire until May 2002, when she was notified of her selection for promotion to the grade of colonel.  However, we note that in May 2002, she made an informed decision to voluntarily retire in the grade of colonel effective 1 September 1999, rather than return to active duty.  After reviewing the facts of this case and noting the decisions made by this Board on similar type cases, we believe that awarding her excess unearned service beyond her voluntary retirement date is not justified.  In view of the above determination, we do not recommend favorable consideration of the requested relief.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 Docket Number BC-2003-00518 in Executive Session on 28 August 2003, under the provisions of AFI 36-2603:

				Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFSLMO/SU, dated 11 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.
    Exhibit E.  Letter, Applicant, undated.
    Exhibit F.  Letter, AF/JAG, dated 14 May 03.
    Exhibit G.  Letter, AFBCMR, dated 20 May 03.

                                   
                                   Chair