RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01080
		INDEX CODE:  100.00
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His period of service be extended from 31 Aug 04 to 31 Dec 04, in order to reach 18 years of total active federal military service (TAFMS), so that he may reach the sanctuary and continue to serve until retirement at 20 years of service.

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APPLICANT CONTENDS THAT:

The 7 Dec 03 change to the selective continuation policy prevents him from reaching sanctuary.  The new policy dictates that as a two-time nonselect for promotion, not having reached 18 years of service by 31 Aug 04, he must separate.  If not for the accelerated promotion board schedule, which forced him to meet two selection boards the same year, he would not be affected by the new policy and allowed to serve through retirement at 20 years.  He has submitted an application to the Evaluation Reports Appeal Board requesting correction to his promotion record and Special Selection Board consideration.  

In support of his request, applicant provided a personal statement and a statement from his MAJCOM commander.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects the applicant enlisted in the Regular Air Force on 30 Dec 86.  He was appointed a second lieutenant, Reserve of the Air Force on 30 Sep 94.  He was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 30 Sep 98.  

He was considered and not selected for promotion to the grade of major by the Calendar Year 2003A (CY03A) and the CY03B Central Major Selection Boards.  He was not offered continuation by the CY03B Captain Selective Continuation Board and a mandatory date of separation (DOS) of 31 Aug 04 was established.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states his Air Force Specialty Code (AFSC) 33S, did not meet the eligibility criteria established for continuation at the CY03B continuation board.  The board only considered rated line officers with a valid rate distribution and training management code and non-rated line officers in AFSC 61SX and 62EX.  He will have 18 years of TAFMS on 30 Dec 04.  His current mandatory DOS of 31 Aug 04 puts him approximately 4 months short of sanctuary.  He is prior enlisted and is authorized to reenlist as a staff sergeant.  He will then be able to complete 20 years TAFMS on 30 Dec 06 and will be eligible for normal retirement.  However, he will be 1 month short of 10 years of active commissioned service and will be required to retire in the enlisted grade.  After 30 years of service (active service time plus time on the retired list) he may be advanced to the highest officer grade satisfactorily held on active duty.  Although his MAJCOM Commander supports continuation, SAF did not identify his AFSC critical to the needs of the Air Force.  The DPPPO 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 23 Apr 04 for review and comment within 30 days.  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice that would warrant corrective action.  The applicant is requesting his records be corrected in a manner, which would enable him to retire as an officer.  We note that he is a prior service enlisted member and is eligible to reenlist and retire as an enlisted member.  However, we believe that in view of all the circumstances of this case, it would be an injustice to the applicant and the Air Force to deny him the opportunity to continue serving as an Air Force officer.  Specifically, we note the ERAB recently approved correction of the applicant’s Officer Performance Report (OPR) closing 4 June 2000.  Since this OPR was on file in his Officer Selection Record when considered by the CY03B selection board and served to deprive him of full and fair consideration for promotion to major, his second nonselection and subsequent establishment of a mandatory DOS should be set aside.  Therefore, we recommend his 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 he was not considered for promotion to the grade of major by the Calendar Year 2003B Central Major Selection Board.

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The following members of the Board considered Docket Number BC-2004-01080 in Executive Session on 3 Jun 04, 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 1 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 15 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.

					

AFBCMR BC-2004-01080

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 APPLICANT, be corrected to show that he was not considered for promotion to the grade of major by the Calendar Year 2003B Central Major Selection Board.