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AF | BCMR | CY1999 | BC-1998-01188
Original file (BC-1998-01188.doc) Auto-classification: Denied

                       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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