RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00403 

						COUNSEL:  

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His records be corrected to show he retired in the grade of colonel (O-6).

APPLICANT CONTENDS THAT:

He is eligible to retire in the grade of colonel based on his two years and three months of honorable service in the grade of colonel.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 May 88.

According to Special Order JB-002141, dated 1 Jun 09, the applicant was promoted to the grade of colonel (O-6), effective 1 Jun 09.

According to AF Form 63, Active Duty Service Commitment (ADSC) Acknowledgement Statement, on 25 Mar 11, the applicant declined the required 2-year ADSC for Permanent Change of Station (PCS).  He also acknowledged that he understood he must submit an application for retirement or separation within seven calendar days following receipt of the notification.

On 23 May 11, the applicant submitted a Request for Reduction of Three Year Time in Grade (TIG) Requirement for Retirement.

On 8 Jun 11, the Secretary of the Air Force disapproved the applicant’s request for a TIG waiver, for retirement in the grade of colonel (O-6).

On 31 Aug 11, the applicant retired in the grade of lieutenant colonel (O-5), effective 1 Sep 11.  He was credited with 23 years, 3 months, and 19 days of active service. 

AFI 36-3203, Service Retirements, paragraph 7.2.5 states, “Three-year TIG requirement for retirement above the grade of Major.  To voluntarily retire in any grade higher than Major, an officer must have satisfactorily served, as determined by the SECAF or SECAF delegee, a minimum of 3 years TIG while on active duty for active duty retirements or during creditable service for ARC members retiring under 10 USC §12371, unless granted a SECAF TIG waiver.”

AFI 36-3203, Table 2.2., Retirement Restrictions and Waiverable Conditions (Best Interest of the Air Force or Hardship Not Common To Other Air Force Members), Note 3 states in part, “The AF rarely waives TIG.  An officer who cannot justify waiver of the TIG requirement, or whose waiver request the AF disapproves, may ask to retire in the next lower grade held satisfactorily for at least 6 months TIG.”

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

AIR FORCE EVALUATION:

AFPC/DPO recommends denial indicating the applicant does not meet the TIG requirement, he chose to Retire In Lieu of Assignment (RILA), did not meet the required three years to apply for grade determination, and has not changed since SAFPC reviewed the applicant’s original Officer Grade Determination (OGD).  The applicant was required to accept the Deputy Director assignment and he chose to decline with full knowledge of the assignment policies in place.  Although the applicant desired placement in the San Antonio area, there were no positions that fit his specific skill set and best met the needs of the AF.  The decision to recommend disapproval of his original TIG waiver request was consistent with other similar DPO recommendations.

Title 10 USC § 137 states colonels voluntarily retiring in their officer grade must serve 3 years in grade or retire in the next lower grade.  Current SECAF memo dated 12 Apr 10, delegates authority to approve TIG waiver requests to the Assistant Secretary (Manpower and Reserve Affairs), disapproval authority resides with the Director and Deputy Director, Secretary of the Air Force Personnel Council (SAFPC).

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

SAFPC recommends denial, indicating they concur with AF/DPO and find no basis to reconsider the decision made by the SAFPC in 2011.  The applicant has not presented any new facts and circumstances that would support an outcome different than SAFPC's original decision.

A complete copy of the SAFPC evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 13 Dec 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-00403 in Executive Session on 13 Jun 17 under the provisions of AFI 36-2603:

				    , Panel Chair
					, Member
				 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AF/DPO, dated 19 Oct 16.
	Exhibit D.  Memorandum, SAF/PC, dated 12 Dec 16.
	Exhibit E.  Letter, AFBCMR, dated 13 Dec 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 pertaining to AFBCMR Docket Number BC-2016-00403.