RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05698 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be returned to active duty. ________________________________________________________________ APPLICANT CONTENDS THAT: She was retired on 1 Nov 13 based on her Mandatory Separation Date (MSD); however, she was selected for promotion to the grade of lieutenant colonel (O-5) by the CY10D Lieutenant Colonel Nurse Corps (NC) Special Selection Board (SSB). In support of her request, the applicant provides a letter from AFPC/DPSOO dated 5 Dec 13. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Nov 93, the applicant entered active duty. According to her DD Form 214, Certificate of Release or Discharge from Active Duty, she was retired 1 Nov 13 in the grade of major (O-4) with a narrative reason for separation of “Voluntary Retirement: Maximum Service or Time-in-Grade.” She served 20 years on active duty. According to AFPC/DPSOO’s letter dated 5 Dec 13, she was selected for promotion to the grade of lieutenant colonel with a Date of Rank (DOR) of 1 Jun 12 by the CY10D Lieutenant Colonel NC SSB which convened on 23 Sep 13. ______________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOO makes no recommendation and states that the applicant was non-selected for promotion by the CY10D and CY11C Lieutenant Colonel NC Central Selection Boards (CSB). On her second non- selection, her MSD was established as 31 Oct 13. On 23 Sep 13, the SSB selected her for promotion to the grade of lieutenant colonel with a retroactive DOR and effective date of 1 Jun 12. Upon Senate confirmation, the applicant is entitled to all back pay and allowances. The complete DPSOO evaluation is at Exhibit C. AFPC/DPSOR recommends approval. The applicant was selected for promotion to the grade of lieutenant colonel which allows continued service beyond the previously established MSD. As a lieutenant colonel, officers can serve up to 28 years of commissioned service per Title 10 U.S.C. § 633. On 29 Mar 13, she initiated an application for retirement effective on her established MSD. The application was approved and retirement orders were generated on 29 Apr 13 for an effective retirement date of 1 Nov 13. If the applicant’s promotion under SSB consideration had been finalized prior to her retirement effective date, she could have requested withdrawal of the retirement In Accordance With (IAW) AFI 36-3203, Service Retirements, paragraph 2.22.3. The complete DPSOR evaluation, with attachments, is at Exhibit D. ______________________________________________________________ APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION: On 4 Apr 14, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _______________________________________________________________ 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 to warrant relief. After a thorough review of the applicant’s records and the documents provided, we agree with the recommendation of DPSOR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend her records be corrected as indicated below. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she was not released from active duty on 31 Oct 13 and retired effective 1 Nov 13, but continued to serve on active duty and was ordered Permanent Change of Station (PCS) to her home of record or home of selection pending further orders. ________________________________________________________________ All members voted to correct the records as indicated. The following members of the Board considered AFBCMR Docket Number BC-2013-05698 in Executive Session on 7 Aug 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Dec 13, w/atch. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSOO, dated 14 Jan 14. Exhibit D. Letter, AFPC/DPSOR, dated 9 Mar 14. Exhibit E. Letter, SAF/MRBR, dated 4 Apr 14.