RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03248 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her age waiver be approved and her Mandatory Separation Date (MSD) be extended. 2. She be reinstated and allowed to continue her military career in the Air Force Reserve until she qualifies for a 20- year retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: When she returned from a six-month deployment, she discovered she no longer held a position at her current Reserve unit due to her upcoming MSD and the over-manning in her career field. She immediately initiated an age waiver request; however, it was not processed prior to her MSD; thereby, prompting her separation from the Air Force Reserve. In support of her appeal, the applicant provides a personal statement; and, copies of Congressional Inquiry documentation, her request for retention, medical records, fitness documentation, and numerous electronic communications. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member in the Air Force Reserve who served as a Clinical Nurse, Air Force Specialty Code (AFSC) 46N3. She was progressively promoted to the grade of lieutenant colonel (O-5). The applicant was notified on 13 November 2011 that her MSD would expire on 30 November 2012 and, that in accordance with Title 10, United States Code (USC), Section 14509, she was required to leave active status on the last day of the month in which she became 62 years of age. However, in accordance with Title 10, USC, Section 14703, medical officers are eligible to apply for an extension to remain in an active status up to age 68. The standard timeline for initiating an extension request is at least six months before the member’s MSD; however, requests may be submitted no earlier than one year prior to the MSD expiration. The applicant’s request for an age waiver to extend her MSD was received on 5 November 2012. Due to the overage of Clinical Nurses at the applicant’s unit, AFRC/SG could not recommend approval of her request. On 14 November 2012, AFRC/SG recommended the applicant be assigned to a unit with manning positions available and, that she apply through her new chain of command for a MSD waiver. However, a waiver request from her new chain of command was not received prior to her MSD. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/SG recommends denial. SG indicates that manning for Clinical Nurses in the Air Force Reserve is at 107 percent. The applicant’s AFSC is not a critical wartime healthcare specialty with critical shortages per Assistant Secretary of Defense Memorandum, dated 12 July 2011, Fiscal Year 2012-2013 Reserve Component Wartime Health Care Specialties with Critical Shortages. The applicant was not reassigned to a valid vacant position in an undermanned unit until a few days prior to her MSD. She was advised that her request for an MSD extension had to be staffed through her new chain of command. However, no additional documents were received from the applicant or her unit. Her discharge order, dated 3 January 2013, reflects her date of separation as 30 November 2012. The complete SG evaluation is at Exhibit C. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 January 2013 for review and comment within 30 days (Exhibit D). As of this date, this office has received no 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an 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 office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Additionally, she has not provided evidence to show she was treated differently from other similarly situated members. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 AFBCMR Docket Number BC-2013-03248 in Executive Session on 10 April 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-03248: Exhibit A. DD Form 149, dated 5 Jul 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/SG, dated 12 Sep 13. Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14. Panel Chair 6 3 4