RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01639 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be reinstated to active duty in the grade of lieutenant colonel (O-5), with a Date of Rank (DOR) of 1 Sep 14, and all associated pay and benefits retroactively applied. APPLICANT CONTENDS THAT: In March 2015, he was forced to retire after his erroneous non- selection for the CY13A Lieutenant Colonel promotion board. On 1 Apr 15, he was notified of his selection for promotion during a Special Selection Board (SSB), with an effective date of 1 Sep 14. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 12 Jul 99, the applicant entered the Regular Air Force. On 28 Feb 15, the applicant was relieved and retired, effective 1 Mar 15, and was credited with 15 years, 7 months, and 16 days of active service this period, and 4 years and 5 months of prior active service. On 27 May 15, according to SO JB-001890, he was promoted to the grade of lieutenant colonel (O-5), effective 1 Sep 14. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSOR recommends granting the applicant’s request for reinstatement, indicating there is evidence of an error or injustice. According to AFI 36-3203, Service Retirements, when a member gives a signed retirement application to the MPF, the member cannot withdraw the application, nor can the member change the approved retirement date except for the following reasons: severe hardship not common to Air Force members; in the best interest of the Air Force; or to accept an active duty promotion that requires the member to serve past the requested or approved retirement date. To request withdrawal or change to the month of retirement, the member must submit written justification. On 20 Oct 14, the applicant applied for retirement due to having a Mandatory Date of Separation (DOS) of 28 Feb 15 for non- selection to the grade of Lieutenant Colonel. His retirement application was approved on 22 Oct 14, for a retirement date of 1 Mar 15. On 1 Apr 15, the applicant was notified of his promotion selection to Lieutenant Colonel, effective 1 Sep 14. At this time he was already retired from active duty [and not able to request withdrawal or change to the month of retirement]. Based on the 1 Apr 15 AFPC/DPSOO memorandum submitted by the applicant, this advisor recommends granting the applicant’s request to be reinstated to active duty, due to his promotion selection, effective 1 Sep 14. Should the board elect to grant the request, the applicant’s record should be corrected as follows: retirement withdrawn effective 12 January 2015, the date the Special Selection Board (SSB) convened, and reinstated onto active duty. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DP2SP provides the following information for the Board decision: based on his selection for promotion by the SSB, the reason for his DOS no longer exists. The applicant met and was non-selected by the CY13A and CY14A Lieutenant Colonel Central Selection Boards. The applicant was in the sanctuary period and given a mandatory DOS of 28 Feb 15. The applicant retired on 1 Mar 15. Based on corrections to his record he met the 12 Jan 15 SSB and was selected for promotion, with a retroactive DOR of 1 Sep 14. 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 19 Nov 15 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. Sufficient 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 and agree with the opinion and recommendation of the Air Force offices of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a) On 12 January 2015, he withdrew his 14 September 2014 retirement application under the provisions of AFI 36-3203 to accept promotion to the higher grade. b) On 28 February 2015, he was not released from active duty and retired on 1 March 2016, but was reassigned to his home of record via Permanent Change of Station awaiting further orders. c) On 27 May 2015, according to SO JB-001890, he was promoted to the grade of lieutenant colonel (O-5), effective 1 September 2014. The following members of the Board considered AFBCMR Docket Number BC-2015-01639 in Executive Session on 12 Jan 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01639 was considered: Exhibit A. DD Form 149, dated 13 Apr 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 14 Jul 15. Exhibit D. Memorandum, AFPC/DP2SP, received 17 Nov 15. Exhibit E. Letter, SAF/MRBR, dated 19 Nov 15.