RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-03891
							INDEX CODE:129.00
							COUNSEL:  NONE
							HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 June 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retired rank be corrected to reflect captain.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 30 June 2004, he was promoted to captain (0-3).  At this time he was in the middle of an active duty Medical Evaluation Board for injuries sustained during his activation in April 2000.  He was on a 4T profile that precluded him from serving.  The result of the MEB determined he was no longer physically able to serve in the Air Force Reserve.  He was initially offered severance pay for his 13 years of active duty.  Since he had more than 20 years for a Reserve retirement, he chose a Reserve retirement.  He feels an injustice in retiring him at the rank of first lieutenant because he was involuntarily retired due to medical reasons.  His service connected disability precluded him from meeting his goal of retiring as captain.  He is not looking for pay at the rank of captain, only for his retirement documents to reflect the rank he achieved.  

In support of his appeal, applicant submits a copy of his Line of Duty Determination and his Physical Profile Serial Report.  The applicant’s submission, with attachments, is at Exhibit A.  

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates that the applicant was appointed a first lieutenant, Reserve of the Air Force with a date of rank and an effective date of 30 June 2002.  MilPDS also reflects he obtained the rank of captain with a date of rank and an effective date of 30 June 2004.  Effective 19 October 2004, he was assigned to the Retired Reserve awaiting pay at age 60 (2025).  

_________________________________________________________________
AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied.  DPP states that the time in grade requirement for officers who met a promotion board on or after 1 October 1996, and were on a recommended list for promotion to the grades of major and below, state a member must serve satisfactorily in the grade for a minimum of 6 months to retire in that grade.  A review of the applicant’s record indicated he retired under the provision of Title 10, U.S.C., Section 12731, effective 18 October 2004.  At the time of his retirement, the applicant had served in the grade of captain for 3 months and 18 days, however, he did not participate enough to earn satisfactory service.  DPP states that since he did not complete the minimum requirement of 6 months to retain captain as his retired pay grade, he was retired in the grade of first lieutenant, the highest grade he served satisfactorily under the law.  The ARPC/DPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends that if he was informed correctly, he could have made different decisions.  He was not given a choice to stay in and complete his time as a result of a medical evaluation board.  He did not find out that he was being retired as a first lieutenant until he received his package in the mail.  Applicant’s letter, with attachments is at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request, HQ USAF/JAA states that a Reserve commissioned officer that is transferred to the Retired Reserve is entitled to be placed on the retired list in the highest grade in which he served satisfactorily and in accordance with Title 10, U.S.C., Section 1370(d).  Title 10, U.S.C. Section 1370(d)(2) provides that in order to retire in grades below lieutenant colonel, a Reserve officer must have served satisfactorily in that grade for not less than six months.  JAA states the fact that the applicant was essentially involuntarily retired does not alter the requirements that he have at least six months time in grade in order to retire as a captain.  If the Board determines that the applicant suffered an injustice, the applicant should be given the opportunity to revisit his election and be permitted to elect either discharge with severance pay or a Reserve retirement in the grade of first lieutenant.  The USAF/JAA evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant states that the options offered to him at the time of his separation should have included a full review under the Air Force Disability Evaluation System (AFDES).  If the AFDES review would have played out, it may have extended him beyond the time needed for retirement at the rank of captain (see Exhibit H).

_________________________________________________________________

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.  The applicant is requesting his records be corrected to show that, at the time of his transfer to the Retired Reserve Section awaiting pay, his rank was captain.  His assertions he was miscounseled concerning his options and relating to alleged irregularities in the processing of his case at the time of his MEB were noted.  However, other than his own assertions, he has provided no evidence showing his substantial rights were violated, his case was improperly processed, or he was miscounseled in any way.  The applicant’s assertions concerning the requested relief have been thoroughly addressed in the opinions prepared by the Air Force offices provided for our review and the applicant has provided no evidence which, in our opinion, successfully refutes their assessments of his case.  In the absence of such evidence, we find no basis on which to favorably consider his request that his Reserve retired grade be changed to captain.

_________________________________________________________________

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.
_________________________________________________________________

The following members of the Board considered this application in Executive Session on 1 March 2005 and 8 August 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR Docket Number 2004-03891:

   Exhibit A.  DD Form 149, dated 14 Dec 04, w/atchs.
   Exhibit B.  Letter, ARPC/DPP, dated 19 Jan 05, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 21 Jan 05.
   Exhibit D.  Letter, Applicant, dated 16 Feb 05 w/atchs.
   Exhibit E.  Letter and Memorandum, AFBCMR, dated 10 Mar 05.
   Exhibit F.  Letter, USAF/JAA, dated 31 Mar 05.
   Exhibit G.  Letter, AFBCMR, dated 20 Apr 05.
   Exhibit H.  Letter, Applicant, dated 9 May 05, w/atch.