RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04081

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be eligible to retire under the Temporary Early Retirement Authority (TERA).  

APPLICANT CONTENDS THAT:

He requests his eligibility for TERA be restored.  The offer of continuation should be changed to reflect eligibility for TERA.  For years, he served outside of his Air Force Specialty Code (AFSC) of a pilot; first working in the command post and then as a non-flying staff officer in a pilot designated billet.  His leadership and higher headquarters had no plans to return him to flying status, despite the fact he was both willing and medically qualified to do so.  As a result, he had no prospect of getting back into a military cockpit and it makes no sense he would be retained in this status.  

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

STATEMENT OF FACTS:

On 30 November 2015, the applicant was discharged in the grade of major (O-4) with a narrative reason for separation of “Non-selection, permanent promotion.”   He was credited with 15 years and 6 months of active duty service.

According to the Statement of Acceptance/Declination for Initial Selective Continuation of Majors with Less than 18 Years Active Federal Military Service-P0515A, dated 18 June 2015, the applicant declined continuation on active duty.  He acknowledged he understood that by declining continuation he would be separated effective the last day of the sixth month following approval of the board under AFI 36-3207, Separating Commissioned Officers.  He further indicated he understood that by declining continuation, he would not be entitled to separation pay.  

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

AIR FORCE EVALUATION:

AFPC/DP2SP recommends denial.  Although the applicant believes it was not in the best interest of the Air Force to continue him, board members believed that it was.  He had the option of continuing to retirement but chose to separate.  The applicant was never eligible for TERA so there is no basis to restore his eligibility.  If the Board elects to grant relief, it could open the window for other officers who choose to decline continuation and separate to request TERA.

The applicant met and was nonselected for promotion to the grade of lieutenant colonel (O-5) by the CY14A and CY15A Lieutenant Colonel Line of the Air Force (LAF) Central Selection Boards (CSB).  He was selected for continuation to retirement eligibility (31 May 2020); however, he declined continuation on 18 June 2015 and by law was required to separate on 30 November 2015.  The applicant was advised prior to declining continuation that if he did so, he would not be eligible to apply for TERA.  He was given the opportunity to continue on active duty until he was retirement eligible as an officer.  Since the applicant declined to remain on active duty and knew TERA was not available, the Board should disapprove his request.  

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

AFPC/DP2STM-Transitions recommends denial.  The applicant was given the opportunity to be continued and remain on active duty until retirement eligibility but chose to decline continuation.  Evidence indicates he acknowledged his understanding he would be separated and TERA was not an option.  To grant relief would be contrary to the criteria established by law in 10 U.S.C. § 632.

During the promotion boards held in 2015, the Secretary of the Air Force allowed Regular officers not offered continuation with at least 15 but less than 20 years Total Active Federal Military Service (TAFMS) and 10 years Total Active Federal Commissioned Service (TAFCS) as of the established Date of Separation (DOS) to retire under TERA.  Officers who were offered but declined continuation were not offered TERA since they had the opportunity to reach retirement through the continuation process.  When an officer declined continuation, AFPC updated the officer’s DOS to reflect the mandatory DOS, which in this case was 30 November 2015.  

A complete copy of the AFPC/DP2STM-Transitions evaluation is at Exhibit D.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 8 August 2016 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 opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or 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-2015-04081 in Executive Session on 1 November 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04081 was considered:

	Exhibit A.  DD Form 149, dated 18 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SP, dated 5 May 2016.
	Exhibit D.  Memorandum, AFPC/DP2STM-Transitions, dated 
			  1 June 2016.
	Exhibit E.  Letter, AFBCMR, dated 8 August 2016.

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.