32 C.F.R. § 865.5

Decision of the Secretary of the Air Force

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(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 Secretary's decision will be in writing and will include a brief statement of the grounds for his/her final decision.

(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 90 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 paragraph but may be the basis for reconsideration by the Board under § 865.6.

(c) In cases under § 865.5(b) of this part which involve additional issues not cognizable under that paragraph, the additional issues may be considered separately by the Board under § 865.3 and § 865.4 of this part. The special time limit in § 865.5 (b) does not apply to the decision concerning these additional issues.

(d) Decisions in high profile or sensitive cases. Prior to taking final action on a BCMR application that has generated, or is likely to generate, significant public or Congressional interest, the Secretarial designee will provide the case record of proceedings through Secretarial channels to OSAF so that the Secretary can determine whether to decide the case personally or take other action the Secretary deems appropriate.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1999–2022 · leading case: Rosa D. Bonewell v. United States, 111 Fed. Cl. 129 (Fed. Cl. 2013).

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Rosa D. Bonewell v. United States, 111 Fed. Cl. 129 (Fed. Cl. 2013). · cites it 3× “32 C.F.R. § 865.5 (a). He satisfied this requirement in two ways.”

Sherwin v. United States, 42 Fed. Cl. 672 (Fed. Cl. 1999). “” 32 C.F.R. § 865.5 (a) (1994). Though this language does not appear to establish mandatory use of the DD Form 149, there is an information sheet contained in the administrative record filed in this case, titled “INFORMATION FOR USAFR MEMBERS DISCHARGED OR DISMISSED…”

Villarreal-Dancy v. United States Dep't of the Air Force (D.D.C. 2022). · cites it 5× “The second, 32 C.F.R. § 865.5 (a), provides that “[t]he Secretary may direct such action as he or she deems appropriate on each case, including returning the case to the Board for further consideration.”

Villarreal-Dancy v. United States Dep't of the Air Force (D.D.C. 2021). “5, provides that “[t]he Secretary may direct such action as he or she deems appropriate on each case, including returning the case to the Board for further consideration,” 32 C.”

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