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AF | BCMR | CY1999 | 9700427
Original file (9700427.doc) Auto-classification: Denied

                                 ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-00427
            INDEX CODE:  131.05

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) be changed.

_________________________________________________________________

RESUME OF CASE:

On  Dec 97, the Board considered and  denied  applicant’s  request  to
change his DOR to Jun 94 (Exhibit E).

On Aug 98, the applicant faxed additional information indicating  this
information should help his case (Exhibit F).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Chief, Utilization, ANG/DPPU, reviewed the additional  information
from the applicant and indicated that after careful  consideration  of
the  additional  documentation,  the  applicant   has   not   provided
sufficient  evidence  of  error  or  injustice.   In  accordance  with
National Guard Regulation (NGR) (AF) 36-4, the applicant was  eligible
for position vacancy promotion  on  or  after  Jun  96.   The  Officer
Promotion Request that was submitted by the   Air  Refueling  Squadron
(ARS) to the  Mission Support Flight (MSF) was undated.  It is further
noted that the Commander,  ARS Memorandum,  dated  Apr  96,  indicated
that applicant “completed the prescribed minimum creditable  promotion
service  on  Jun  96.”   It  appears  the  commander   submitted   the
applicant’s promotion prior to meeting minimum requirements.  Based on
this early submission, the  MSF  was  unable  to  schedule  a  Federal
Recognition Review Board and it appears the applicant’s promotion  was
held until the first scheduled Unit Training Assembly (UTA) after  Jun
96.

Based on the above information and the lack of  additional  supporting
documentation, DPPU recommends denial of relief.  Further, the Federal
Recognition Examining Board, which convened on Aug 96,  was  within  a
reasonable period of time and was within regulatory procedures of  NGR
(AF) 36-4 and NGR (AF) 36-3.

A complete copy of the additional Air Force evaluation is attached  at
Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of  the  additional  Air  Force  evaluation  was  forwarded  to
applicant on Jan 99 for review and response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  We have reviewed the entire
application  and  the  additional  documentation   provided   by   the
applicant.  However, we are unpersuaded that a revision of the earlier
determination in this case is warranted.  We are  not  convinced  that
the applicant’s contentions override  the  comments  provided  by  the
Chief, Utilization, dated Dec 98, in which she states that the Officer
Promotion Request that was submitted  by  the  ARS  to  the   MSF  was
undated and  that  the  Commander,   ARS  memorandum,  dated  Apr  96,
indicated that applicant “completed the prescribed minimum  creditable
promotion service on Jun 96” and that it appears  that  the  commander
submitted  the  applicant’s  promotion  prior   to   meeting   minimum
requirements.  The Chief further states that the  Federal  Recognition
Examining Board that convened on Aug 96 was within a reasonable period
of time and was within regulatory procedures of NGR (AF) 36-4 and  NGR
(AF) 36-3.  In view of the above and in the absence of evidence to the
contrary, we agree with the recommendation of the Air  Force  ANG  and
adopt the rationale expressed as the basis for our decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  Therefore,  we  again  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 July 1999, under the provisions  of  Air  Force
Instruction 36-2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Ms. Sophie Clark, Member
                  Mr. Patrick R. Wheeler, Member

The following documentary evidence was considered:

     Exhibit E.  ROP, dated 17 Dec 97, w/atchs.
     Exhibit F.  Fax material fr applicant, dated 20 Aug 98,
                   w/atchs.
     Exhibit G.  Letter, ANG/DPPU, dated 16 Dec 98.
     Exhibit H.  Letter, AFBCMR, dated 28 Jan 99.




                                   WAYNE R. GRACIE
                                   Panel Chair

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