RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00097
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests that (1) he be reinstated as a captain in the Air
Force; (2) he receive back pay as a captain from the time he would
have originally enlisted in the reserves in 1988 until his discharge
in 1997; (3) his record reflect his time that would have been spent on
active duty as a captain; (4) his record reflect a promotion to major
which would have occurred if he had been allowed to enlist as a
captain and remain in the active reserves or active duty; and (5) he
be assigned to an active duty or reserve unit as a major. Applicant's
submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request and
provided an advisory opinion to the Board recommending the application
be denied (Exhibit C). The advisory opinion was forwarded to the
applicant for review and response (Exhibit D). As of this date, no
response has been received by this office.
The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
After careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. The facts and opinions stated
in the advisory opinion appear to be based on the evidence of record
and have not been rebutted by applicant. Absent persuasive evidence
applicant was denied rights to which entitled, appropriate regulations
were not followed, or appropriate standards were not applied, we find
no basis to disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and will
only be reconsidered upon the presentation of new relevant evidence
which was not reasonably available at the time the application was
filed.
Members of the Board Mr. Vaughn E. Schlunz, Mr. William H. Anderson,
and Ms. Barbara J. White-Olson considered this application on 13 July
1999, in accordance with the provisions of Air Force Instruction 36-
2603 and the governing statute, 10 U.S.C. 1552.
VAUGHN E. SCHLUNZ
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
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