RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03331 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. He be reinstated to active duty in the grade of colonel. 2. In the alternative, he requests to be retired in the grade of colonel and the associated Active Duty Service Commitment (ADSC) be waived. APPLICANT CONTENDS THAT: Due to an error in his Officer Performance Report (OPR) that closed out in CY 2009, he was not selected for promotion to the grade of colonel. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and AFPC/DPSOO letter dated 29 July 2014, announcing his selection for promotion to the grade of colonel. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 31 August 2013, the applicant was released from active duty and retired effective 1 September 2013. According to Special Order JB-004962, dated 19 September 2014, the applicant was promoted to the grade of colonel with a date of rank and effective date of 1 July 2011. AIR FORCE EVALUATION: AF/JAX recommends approval. JAX states that the applicant was not selected for promotion three times between Calendar Year (CY) 2010 and CY 2013, due to an error in his 2009 OPR. On 27 May 2014, the applicant met a promotion board that considered a corrected OPR and promotion recommendation form. That board selected him for promotion to the grade of colonel, and on 17 September 2017, the promotion was confirmed by the Senate. The Air Force currently has authorizations for 123 colonel judge advocates. Following the retirement of six officers in the next three months, with 14 colonel select judge advocates awaiting promotion increments, only 102 pinned colonel judge advocates will remain. The applicant is a former staff judge advocate with overseas service in Iraq and Korea and earned an AF-sponsored/funded Master of Laws in International and Operational Law. His re-entry to active duty would be a welcome source of senior leadership and legal expertise to the Air Force, helping to alleviate the shortfall described above. JAX recommends the following relief: (1) constructive credit from his retirement to his re-entry on active duty; (2) back pay; (3) return to active duty; and (4) correction of his record to appear as though he never retired. JAX states the advisory opinion was coordinated with AFPC/JA, AFPC/DPS and AF/DPO. The complete JAX evaluation, with attachments, is at Exhibit B. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant concurs with the recommendation of the Air Force Office of Primary Responsibility (OPR). His complete response is at Exhibit E. 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 an error or injustice warranting relief. Having carefully reviewed this application, we agree with the recommendation of the Air Force OPR 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 the applicant's records be corrected as set forth below. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty on 31 August 2013 and retired effective 1 September 2013, but continued to serve on active duty and was ordered Permanent Change of Station to his home of record or home of selection pending further orders. The following members of the Board considered AFBCMR BC-2014- 03331 in Executive Session on 21 October 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 August 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/JAX, dated 15 October 2014, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 16 October 2014. Exhibit E. E-mail, Applicant, dated 17 October 2014.