[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR865.5]

[Page 175-176]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 865_PERSONNEL REVIEW BOARDS--Table of Contents
 
      Subpart A_Air Force Board for Correction of Military Records
 
Sec. 865.5  Decision of the Secretary of the Air Force.

    (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

[[Page 176]]

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 Sec. 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 Sec. Sec. 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 Sec. Sec. 865.3 
and 865.4. The special time limits in Sec. Sec. 865.5(b) and 865.5(c) 
do not apply to the decision concerning these additional issues.