RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01188
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His commission be reinstated.
2. He be awarded subsequent promotions beginning with the grade of
major.
3. He receive six (6) years credit for active duty to qualify for
retirement.
_________________________________________________________________
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 letters prepared by the
appropriate offices of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Officer Promotion and Appointment Branch, AFPC/DPPPO, reviewed this
application and acknowledges an appreciation for the contributions the
applicant made to the Air Force; however, there are no provisions in law or
Air Force policy to allow an officer twice nonselected for promotion and
subsequently separated, to be reconsidered for promotion by a board.
Therefore, they recommend denial of his request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Separation Branch, AFPC/DPPRS, reviewed this application and states the
applicant did not identify any specific errors in the discharge processing
nor provide facts which warrant credit for military service after 31 May
1977. Therefore, they recommend denial of his request.
A complete copy of the Air Force evaluation is attached at Exhibit D.
The Retirements Branch, AFPC/DPPRR, reviewed this application and states
that there are no provisions of law to allow Regular captains who have been
nonselected for promotion to the next higher Regular grade to remain on
active duty past their involuntary discharge date.
A complete copy of the Air Force evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and provided a response
which is attached at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
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 opinions and recommendations of the Air Force 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 in Executive
Session on 10 February 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Walter J. Hosey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Apr 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 15 May 98.
Exhibit D. Letter, AFPC/DPPRS, dated 19 May 98.
Exhibit E. Letter, AFPC/DPPRR, dated 8 Jun 98.
Exhibit F. Letter, SAF/MIBR, dated 22 Jun 98.
Exhibit G. Letter, Applicant, dated 15 Jul 98, w/atchs.
VAUGHN E. SCHLUNZ
Panel Chair
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