32 C.F.R. § 865.5 Decision of the Secretary of the Air Force.
Title 32 - National Defense
(a) The Secretary may direct such action as he or she deems appropriate on each case, including returning the case to the Board for further consideration. Cases returned to the Board for further reconsideration will be accompanied by a brief statement of the reasons for such action. If the Secretary does not accept the Board's recommendation, the decision will be in writing and will include a brief statement of the grounds for denial. (b) Decisions in cases under the Military Whistleblowers Protection Act. The Secretary will issue decisions on such cases within 180 days after receipt of the case and will, unless the full relief requested is granted, inform applicants of their right to request review of the decision by the Secretary of Defense (SecDef). Applicants will also be informed: (1) Of the name and address of the official to whom the request for review must be submitted. (2) That the request for review must be submitted within ninety days after receipt of the decision by the Secretary of the Air Force. (3) That the request for review must be in writing and include the applicant's name, address, and telephone number; a copy of the application to the AFBCMR and the final decision of the Secretary of the Air Force; and a statement of the specific reasons the applicant is not satisfied with the decision of the Secretary of the Air Force. (4) That the request must be based on the Board record; requests for review based on factual allegations or evidence not previously presented to the Board will not be considered under this section but may be the basis for reconsideration by the Board under §865.6. (c) Decisions in cases filed under Section 507, Public Law 103–160. The Secretary will issue a decision within 60 days of receipt of the case of an officer who: (1) Was offered the opportunity to be discharged or separated from active duty under the Voluntary Separation Incentive (VSI) or Special Separation Benefit (SSB) programs, (2) Elected not to accept such discharge or separation, (3) Was thereafter discharged or separated from active duty, after September 30, 1990, as a result of selection by a board convened to select officers for early separation (a “RIF board”), (4) Files an application with the Board within two years of the date of separation or discharge, or one year after March 1, 1996, whichever is later, alleging that the officer was not effectively counseled, before electing not to accept discharge or separation under the VSI/SSB programs, concerning the officer's vulnerability to selection for involuntary discharge or separation (“RIF”), and (5) Requests expedited consideration under this section. (d) Upon finding of ineffective counseling, the Secretary will provide the officer with an opportunity to participate, at the officer's option, in the VSI or SSB programs or, if eligible, in an early retirement program. (e) In cases under §§865.5(b) and 865.5(c) which involve additional issues not cognizable under those sections, the additional issues may be considered separately by the Board under §§865.3 and 865.4. The special time limits in §§865.5(b) and 865.5(c) do not apply to the decision concerning these additional issues.
Title 32: National Defense
PART 865—PERSONNEL REVIEW BOARDS
Subpart A—Air Force Board for Correction of Military Records
§ 865.5 Decision of the Secretary of the Air Force.
