RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01101
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Regular Air Force (RegAF) appointment be reinstated.

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APPLICANT CONTENDS THAT:

He has volunteered to return to active duty after serving in the Air Force Reserve.  Prior to serving in the Reserve he was on active duty where he received a Regular Air Force commission.  He is requesting his Regular commission be restored so that he may serve on active duty beyond the 20-year point that is the limit for Reserve commissioned officers.

The applicant provided a copy of his DD Form 214 in support of the appeal.  Applicant's complete submission, with attachment is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System indicates that the applicant was appointed a second lieutenant, Reserve of the Air Force on 30 April 1988.  He was voluntarily ordered to extended active duty in that grade on 2 October 1988.  He was subsequently integrated into the Regular Air Force and was progressively promoted to the grade of captain, effective and with a date of rank of 16 July 1992.  Based on his tendered resignation, on 7 July 1999, the applicant was honorably discharged from the Regular Air Force under the provisions of AFI 36-3207, Completion of Required Service.  He had served 10 Years, 9 months and 6 days on active duty.  On 8 July 1999, the applicant was appointed a captain, Air Force Reserve, and was assigned to an active Reserve position.  He was promoted to the grade of major, effective and with a date of rank of 1 October 2000.  As of the Retirement Year Ending 29 April 2003, he was credited with 15 years of satisfactory Federal service.

The applicant entered active duty under the Voluntary Rated Recall Program on 19 November 2003 in the grade of major with a date of rank of 1 October 2000.  Based on his break in extended active duty service, his Total Active Federal Commissioned Service Date (TAFCSD) was adjusted to 27 December 1989.

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AIR FORCE EVALUATION:

AFPC/DPPPOO states the applicant’s in-the-promotion-zone consideration for lieutenant colonel is tentatively scheduled for sometime in 2005.  If selected for lieutenant colonel, the applicant will be offered a RegAF appointment at that time.  If the applicant is nonselected he will be considered again for lieutenant colonel (above the zone) by a board tentatively scheduled to convene in 2006.  If the applicant is nonselected twice for promotion to lieutenant colonel he will have the opportunity to be continued to 20 years of active military service and, at a later board, possibly continued up to his 24th year of active commissioned service.  Since the applicant will have an opportunity to be offered a RegAF appointment prior to reaching 20 years of military service or be selectively continued on active duty to retirement or possibly up to his 24th year of active commissioned service, they do not believe the applicant’s request should be granted.  In addition, they do not believe in this particular situation it would be fair or equitable to his peers, who entered active duty under a Voluntary Recall Program, to grant the applicant’s request for a RegAF appointment at this time.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 May 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting reinstating his Regular Air Force (RegAF) appointment.  The Air Force states that the applicant will be eligible to meet his lieutenant colonel board prior to reaching 20 years of active military service; therefore, if selected for lieutenant colonel he will be offered a RegAF appointment at that time.  If he is nonselected twice for promotion to lieutenant colonel he will have the opportunity to be continued to 20 years of active military service and at a later board possibly continued up to his 24th year of active commissioned service.  In view of the above and in the absence of evidence by the applicant indicating he was treated differently from other similarly situated officers, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 this application in Executive Session on 23 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 30 Mar 04, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPOO, dated 11 May 04.
	Exhibit D.	Letter, SAF/MRBR, dated 14 May 04.