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AF | BCMR | CY2000 | 9900212
Original file (9900212.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00212
            INDEX NUMBER:  131.04

XXXXXXXXXXX COUNSEL:  XXXXXXXXXXXXX

XXXXXXXXXXX HEARING DESIRED:  No

APPLICANT REQUESTS THAT:

His selection for promotion  to  captain  by  the  CY97D  board  be
reinstated with an effective date and date of rank of 21 Sep 98.

APPLICANT CONTENDS THAT:

The Air Force Reserve Recruiter he worked with after his  selection
for Undergraduate Pilot Training (UPT) with the Air  Force  Reserve
miscounseled him regarding  the  impact  of  his  transfer  to  the
Reserves on his selection for promotion to Captain.

His decision to separate from active duty on 15 Aug 98 and transfer
to the Air Force Reserves was based on him being  told  that  there
would not be a problem with his promotion to captain on 21 Sep 98.

After he inprocessed to his Reserve unit, he was  advised  that  he
would have to wait three years to  be  eligible  for  promotion  to
captain.

Applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

Applicant’s DD Form 214 reflects that he served on active  duty  in
the Regular Air Force from 15 Jan 95 to 15 Aug 98, at which time he
was released from active duty and  transferred  to  the  Air  Force
Reserve in the grade of first lieutenant.

Applicant was selected  for  promotion  to  captain  by  the  CY97D
Captain Board, which convened on 22 Sep 97.  His projected  pin  on
date was 21 Sep 98; however,  he  separated  from  active  duty  on
15 Aug 98 and transferred to the Reserves.

The Personnel Data System indicates that he is currently serving in
the Air Force Reserve in the grade of first lieutenant.

AIR FORCE EVALUATION

The Chief of Officer Promotion  Management,  AFPC/DPPPOO,  reviewed
this application and recommends denial of the applicant’s request.

The applicant does not provide any documentation,  which  indicates
he was miscounseled.  Further, the  applicant  would  have  had  to
remain on active duty more than the five weeks  needed  to  pin  on
captain in order to retain the grade.  He would  have  incurred  an
active duty service commitment (ADSC) of one year (21 Sep 99).

The complete evaluation is at Exhibit C.

The Chief of the Promotions Eligibility Division,  Reserve  of  the
Air Force Selection Board  Secretariat,  AFRC/DPBA,  reviewed  this
application and confirmed that the applicant was  not  eligible  to
meet the first Captains selection board after he transferred to the
Air Force Reserves on 15 Aug 98.  The earliest board the  applicant
is eligible to meet is the FY 2001 Board,  which  will  convene  in
August 2000.  The applicant’s date of rank will be 1 October 2000.

The complete evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION

The  applicant  responded  to  the  Air  Force  advisory  done   by
AFPC/DPPPOO as follows:

He again gives the name of the recruiter who allegedly miscounseled
him, but still provides no documentation of such.

In regards to the one-year service commitment, he states that it is
highly unlikely his application for PALACE CHASE  would  have  been
denied.  He states that his entry into UPT and  eventually  helping
to alleviate an enormous pilot shortage would definitely suit needs
better than remaining on active duty as an intelligence officer for
the less than six months he had remaining.  He contends  that  even
had he remained to be promoted to Captain, his selection for PALACE
CHASE would have remained in tact and he would have served the one-
year ADSC with the Air Force Reserves.

The applicant’s complete response is at Exhibit F.

On 28 Mar 00, the applicant  was  sent  a  copy  of  the  AFRC/DPBA
evaluation for review and response within  30  days.   As  of  this
date, a response has not been received.

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 and his contentions are duly noted.  However, we do not
find  his  uncorroborated  contentions,  in  and   by   themselves,
sufficiently  compelling  to  conclude  that  he  was  miscounseled
regarding the impact his transfer to the Reserves would have on his
selection for active  duty  promotion  to  the  grade  of  captain.
Therefore, we agree with the recommendation of the  Air  Force  and
adopt its’ rationale as the  basis  for  our  conclusion  that  the
applicant has failed to sustain  his  burden  of  establishing  the
existence of either an error or an injustice.

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 May 2000, under the provisions of  AFI  36-
2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mrs. Margaret A. Zook, Member
      Mr. Clarence D. Long III, Member

By a majority vote, the members voted to deny  the  request.   Mrs.
Zook voted to correct the record and did not  desire  to  submit  a
minority report.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPOO, dated 16 Mar 99.
    Exhibit D.  Letter, ARPC/DPBA, dated 1 Mar 00.
    Exhibit E.  Letter, SAF/MIBR, dated 29 Mar 99;
                Letter, AFBCMR, dated 28 Mar 00.
    Exhibit F.  Letter, Applicant, undated




                                   JOSEPH G. DIAMOND
                                   Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXX

      I have carefully reviewed the  evidence  of  record  and  the
recommendation  of  the  Board  members.   A  majority  found  that
applicant  had  not  provided  substantial  evidence  of  error  or
injustice and recommended the case be denied.  I concur  with  that
finding  and  their  conclusion  that  relief  is  not   warranted.
Accordingly, I accept their recommendation that the application  be
denied.

      Please advise the applicant accordingly.







            JOE G. LINEBERGER
            Director
                                               Air Force Review
Boards Agency

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