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 11 Dec 97, the Board considered and denied applicant’s request to
change his DOR to 9 Jun 94 (Exhibit E).
On 20 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 9 Jun 96. The Officer
Promotion Request that was submitted by the 166th Air Refueling
Squadron (ARS) to the 121st Mission Support Flight (MSF) was undated.
It is further noted that the Commander, 166th ARS Memorandum, dated
23 Apr 96, indicated that applicant “completed the prescribed minimum
creditable promotion service on 9 Jun 96.” It appears the commander
submitted the applicant’s promotion prior to meeting minimum
requirements. Based on this early submission, the 121st 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 9 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 1 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 28 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 16 Dec 98, in which she states that the
Officer Promotion Request that was submitted by the 166th ARS to the
121st MSF was undated and that the Commander, 166th ARS memorandum,
dated 23 Apr 96, indicated that applicant “completed the prescribed
minimum creditable promotion service on 9 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 1 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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