RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00010

XXXXXXXXXXXXXX	COUNSEL: XXXXXXXXXXXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

She be retired in the grade of lieutenant colonel (O-5) instead of major (O-4).  

APPLICANT’S CONTENTIONS

In a 5-page legal brief, the applicant through counsel contends she needed 16 more points time-in-grade (TIG) to retire as an O-5.  In her attempt to complete her TIG as an O-5, she was unjustly denied transfer from the Inactive Ready Reserve (IRR) into the Selected Reserves (SelRes) due to medical unfitness for a service-connected medical condition that had previously been reviewed numerous times, all resulting in a fit for duty determination.  Subsequently, she submitted a TIG Waiver request, which Headquarters Air Reserve Personnel Center (ARPC) initiated but never followed up or resolved.  She was advised by ARPC to appeal this matter to the BCMR Board for relief.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Reserve major (O-4) awaiting retired pay at age 60.

According to documentation submitted by the applicant:

From 15 Apr 94 through 7 Jun 05, the applicant served in the Regular Air Force, attaining the grade of O-4.

On 7 Oct 97, the applicant was seriously injured in a car accident, ruled in the line of duty.

On 5 Mar 99, a medical evaluation board (MED) determined she was fit and returned to duty with exercise limitations/restrictions.  

On 8 Jun 05, she joined the Air Force Reserve SelRes. 

On 1 Mar 11, the applicant was promoted to O-5, with effective date, date of rank (DOR) 1 Mar 11.

On 11 Aug 13, the applicant requested and was approved a participation waiver (7 IDT points and 12 annual tour (AT) days) for FY13, allowing her to complete her Doctorate of Psychology Program as a full-time doctoral candidate.

On 15 Feb 15, the applicant requested a participation waiver (48 IDT points and 12 AT days) for FY15.  On 29 May 15 her request was denied, suggesting she consider voluntarily transfer to the IRR.  

On 13 Jan 16, the applicant voluntarily transferred to the IRR.

During 2016 – 2017, the applicant attempted to return to the SelRes to obtain the remaining TIG to retire as an O-5, but was denied reentry by the AFRC/SG stating she was medically disqualified based on the same medical conditions that had previously been evaluated when she was returned to duty numerous times over the last decade.  

On 18 Dec 17, the applicant submitted a TIG waiver request to ARPC Retirements Branch, indicating she planned to retire effective 1 Jan 19, with 20 years of service, with 2 years, 2 months, and 20 days TIG as an O-5.  .

On 12 Jan 18, ARPC Retirements Branch confirmed receipt of the waiver request and that they would process it.  They informed the applicant she would be retired as an O-4 pending the TIG waiver approval, at which time her retirement orders would be amended to reflect retirement in the grade of O-5.  

On 1 Feb 18, the applicant was relieved from her current assignment, assigned to the Retired Reserve Section and placed on the USAF Retired List in the grade of O-4. 

On 26 Sep 19, ARPC/DPTTR in an email, informed the applicant their records reflected her TIG waiver was initiated, but no results posted.  As she was assigned to the AF Retired Reserve, they were unable to process the TIG waiver, and she would have to go the BCMR for TIG waiver approval.     

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

ARPC/DPTT, recommends granting the applicant’s request to retire in the grade of O-5 instead of in the grade of O-4.  Based on documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice because she made every effort to address her TIG issue based on guidance she received from the subject matter experts at the time.  The applicant was seriously injured in the line of duty on 7 Oct 97.  She was returned to duty on 27 May 99, and was able to maintain her active status by going through a physical profile review annually.  On 1 Mar 11, the applicant was promoted to O-5.  On 11 Aug 13, she requested and was approved a participation waiver for FY14, allowing her to complete her Doctorate of Psychology Program as a full-time doctoral candidate.  Had she participated and earned 17 more points before the closeout of her recruiting/retention (R/R) year, 21 May 14, she would have earned the satisfactory service needed to fulfill TIG to be retired as an O-5.  

The applicant requested a participation waiver for FY15, which was disapproved.  Her unit, Defense Technology Security Administration (DTSA), advised her the best option was to volunteer for the Inactive Ready Reserve (IRR).  On 4 Feb 16, the applicant transferred to the IRR with 20 years of satisfactory service, and 2 years, 2 months, and 21 days of satisfactory service TIG as an O-5.  Subsequently, in her attempt to transfer back to the SelRes, she was denied because of the medical issues she was previously evaluated annually.  ARPC initiated a TIG waiver, informed her they had to retire her so she would not be discharged, and they would amend her orders, if the TIG waiver was approved.  She was retired, but ARPC never followed up or resolved the matter.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Mar 21 for comment (Exhibit D), and the applicant replied on 15 Mar 21.  In her response, the applicant through counsel concurred with the advisory and did not have any additional response to provide.  The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

a.	Award of 27 additional retirement points for her recruiting/retention (R/R) year 22 May 2013 to 21 May 2014, resulting in 1 year of satisfactory service. 

b.	Reserve Order EK-1119 (Retirement Order), dated 12 January 2018, be amended to show her Retired Pay Grade – (O-5) Lieutenant Colonel.

c.	The Military Personnel Data System be corrected to show her highest grade held as Lieutenant Colonel with an effective date and date of rank 1 March 2011.  

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-00010 in Executive Session on 15 Jun 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 25 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Mar 21.
Exhibit E:	Applicant’s response, dated 15 Mar 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.