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AF | BCMR | CY1999 | 9700427A
Original file (9700427A.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 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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