RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00304
INDEX CODE: 131.10, 111.01, 131.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His two non-selections for promotion to the grade of major in the
Air Force Reserve be declared null and void.
2. The Officer Performance Report rendered for the period
through 30 July 1991 be declared void and removed from his records.
3. His record be corrected to reflect selection for promotion to the
grade of major as if selected by the FY96 Reserve of the Air Force
Line Major Selection Board.
4. His records be corrected to reflect continuous duty in the Air
Force Reserve since his separation based on promotion non-selection to
include restoration of all pay, benefits, and any entitlements.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Staff. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Staff Judge Advocate, reviewed the application and recommended
denial. A complete copy of the evaluation is attached at Exhibit C.
The Director of Personnel Program Management, ARPC/DP, reviewed the
application and recommended disapproval. A complete copy of the
evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and provides a
response which is attached at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Staff
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 on 26
May 1999, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Charles E. Bennett, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jan 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/JA, dated 20 Apr 98.
Exhibit D. Letter, ARPC/DP, dated 4 May 98.
Exhibit E. Letter, AFBCMR, dated 18 May 98.
Exhibit F. Applicant's response, dated 1 Jul 98, w/atchs.
THOMAS S. MARKIEWICZ
Panel Chair
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He contends his nonselections for promotion should be set aside on the basis that the Central Reserve Officer Promotion Act (ROPA) Boards were conducted in violation of statute and Air Force directives. As a result of an earlier application to the AFBCMR, an SRB was directed but the applicant was not recommended for selection for promotion by that SRB. We note the applicant cites an AFBCMR case wherein the Board recommended direct promotion.
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 96-01894 INDEX CODE 131.09 COUNSEL: None HEARING DESIRED: Yes _________________________________________________________________ RESUME OF CASE: In a application dated 27 June 1996, applicant requested that the Officer Selection Briefs (OSBs) considered by the Fiscal Year 1993 (FY93), FY94 and FY95 Reserve of the Air Force (ResAF) Colonel Overall Vacancy Selection Boards be...
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