RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02878

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be removed from the continuation list and be allowed to apply for retirement under the Temporary Early Retirement Authority (TERA), or be allowed to decline continuation and apply for early retirement under TERA.

APPLICANT CONTENDS THAT:

The applicant contends that in prior Lieutenant Colonel selection boards, officers who were offered continuation were able to decline it and apply for TERA, if eligible, and that this year’s instructions are not clear.  It is disingenuous to say it is in the best interest of the Air Force to offer continuation to a single B-1B pilot and not the other four who met the board.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 May 00.

On 5 Aug 15, the applicant declined continuation on active duty.

On 30 Nov 15, the applicant was furnished an honorable discharge, and was credited with 15 years and 6 months of active service; however, he then affiliated with the reserve component. 

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.  

AIR FORCE EVALUATION:

AFPC/DPSOR-RET recommends denial indicating there is no evidence of an error or an injustice.  The applicant met the P0515A Central Selection Board, was not promoted, was selected for continuation, and subsequently declined continuation.  During this board, officers non-selected for promotion for a second time and not selected for continuation, with at least 15 but less than 20 years of Total Active Federal Military Service as of the mandatory separation date, were offered TERA to allow them retirement.  However, the applicant was selected for continuation and was afforded the opportunity to serve until reaching retirement eligibility.  The applicant made a decision to decline continuation and separate.  The Air Force, based on the guidance released at the time, did not offer TERA as an option if continuation was declined.  

A complete copy of the AFPC/DPSOR-RET evaluation is at Exhibit C.

AFPC/DP2SP recommends denial indicating there is no evidence of an error or an injustice.  Although the applicant’s career field was not on the Secretary of the Air Force’s critical skills list, board members determined it was in the best interest of the Air Force to continue him.  Furthermore, he was advised prior to declining continuation he would not be eligible to apply for TERA.  

A complete copy of the AFPC/DP2SP evaluation is at Exhibit D.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 1 Feb 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-02878 in Executive Session on 18 Oct 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR-RET, dated 14 Dec 15.
	Exhibit D.  Memorandum, AFPC/DP2SP, dated 23 Mar 16.
	Exhibit E.  Letter, AFBCMR, dated 28 Apr 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.