RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01293
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His dates of rank to the grades of first lieutenant through major be
adjusted and his retirement grade be changed to lieutenant colonel.
APPLICANT CONTENDS THAT:
The erroneous two-year and seven-day delay in his promotion to captain
under the Reserve Officer Promotion Act (ROPA) could have affected his
later dates of rank and resulted in the retirement grade of lieutenant
colonel.
The states that in 1953, he had been an active duty captain for several
months. When he asked the administrative officer to check on his ROPA
rank, he was told, “Gee you’re still a second lieutenant in ROPA.” He told
the officer to straighten out the problem and promote him to captain in
ROPA. The applicant states that at the time he was very busy flying
fighters 3 or 4 times a day. He was told two years and seven days later
that he was now a ROPA captain; however, he was still on active duty as a
captain and had to first be promoted to first lieutenant and then captain.
The applicant’s complete submission is attached 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 Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
AIR FORCE EVALUATION
The Chief, Board Secretariat Division, ARPC/DPB, reviewed the application
and states that according to AFR 36-38, Officer Personnel, paragraph 6,
attachment 2, “An officer of the Reserve serving in active military service
in a temporary Air Force grade higher than his permanent grade, will upon
his application, be permanently promoted to that grade subject to the
completion of the cumulative years of promotion service. Had the applicant
requested the temporary grade for first lieutenant, he would have been
eligible for promotion to captain on 17 October 1951, to major on 17
October 1955, and to lieutenant colonel on 17 October 1959. However, there
is no documentation in the applicant’s records that indicates he applied
for his permanent dates of rank for first lieutenant or captain to be
adjusted. Therefore, they recommend the application be denied.
A complete copy of the Air Force evaluation is at Exhibit C.
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and is dismayed at the
recommendation to deny his request. The applicant states that he did not
know correction of his records was possible.
The applicant’s complete response is at Exhibit E.
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 opinion and recommendation 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.
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 August 2000, under the provisions of AFI 36-2603:
Mr. Patrick R. Wheeler, Panel Chair
Mr. Richard M. McCormick, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 14 Apr 00.
Exhibit D. Letter, SAF/MIBR, dated 5 May 00.
Exhibit E. Letter, Applicant, dated 3 May 00, w/atchs.
PATRICK R. WHEELER
Panel Chair
AF | BCMR | CY2005 | BC-2005-01331
The remaining 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 Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPB recommends the application be denied. The applicant met time in grade requirements and was promoted to the grade of captain on 3 February 1955 and to major on 3 February 1962. However, he...
AF | BCMR | CY2003 | BC-2003-01189
HQ ARPC/DPB indicates they could not locate the promotion order that advanced him in grade to USAFR captain and advises that the requirements of the Air Force at the time of the USAF appointment dictated the grade in which the applicant could be appointed. A complete copy of the evaluation is at Exhibit C. HQ AFPC/DPPPO asserts neither the applicant’s record nor his submission supports his contention that he should have been promoted to captain when he entered active duty in 1951 and, if he...
AF | BCMR | CY2003 | BC-2003-01368
He then served on active duty in the Air Force from 26 Mar 49 to 16 Sep 50. On 21 Nov 56, the applicant was promoted to the grade of major in the Air Force Reserve. The date that an officer was promoted to a certain grade was established as the Promotion Service Date (PSD).
AF | BCMR | CY2006 | BC-2006-00200
________________________________________________________________ APPLICANT CONTENDS THAT: Although he qualified for promotion to the grade of lieutenant colonel, while serving in the active reserve, his rank of major was “temporarily frozen”. 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 Force office of primary responsibility and adopt it’s rationale as the basis for our...
_________________________________________________________________ AIR FORCE EVALUATION: The Promotion Board Secretariat, HQ ARPC/DPB, stated that the applicant provided a copy of the mandatory [in- and above-the- promotion zone (I/APZ)] and Position Vacancy (PV) date of rank (DOR) requirements for the 99 March Chaplains Captain Selection Board. As DPB previously stated, HQ ARPC/HC provided a letter attesting that the IMA chaplains did not have any PV quotas available for the FY00 Captains...
They indicate the applicant was released from active duty and transferred to the USAFR effective 1 October 1995, prior to the effective date of his promotion. The applicant was considered by the earliest possible promotion board. At the time of his transfer to the USAF Reserve, he did not meet the eligibility requirement for promotion to lieutenant colonel under the provisions of the Reserve Officer Promotion Act (ROPA).
AF | BCMR | CY2005 | BC-2004-03598
By authority of that order, he served in the grade of colonel until he was told he had to revert to the rank of lieutenant colonel due to overgrade considerations but would be retired at the grade of 0-6 since that was the highest grade held. He was promoted to the grade of colonel twice, and again asks that his records reflect he retired as a colonel. In April 1993, the Air Reserve Personnel Center Promotion Eligibility Branch received a letter dated 15 March 1993 signed by the applicant...
AF | BCMR | CY2003 | BC-2003-00171
Since 1990, the applicant has successfully been promoted to the grade of captain (where the missing OPR would have been the second OPR from the top) and to major (the missing OPR would have been the seventh from the top). According to ARPC/DPB, selection boards must use the “whole person” concept to arrive at a decision for promotability of any officer. A complete copy of the ARPC/DPB evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S...
ARPC, where his military records were kept, is admitting that there is no record showing he was notified that he was to be considered for the first selection board. Having found no basis to conclude that the applicant’s considerations for promotion were improper or that his separation from active Reserve status in 1959 was erroneous or contrary to law, we have no basis on which to take favorable action with respect to the remainder of the applicant’s requests related to reinstatement in the...
AF | BCMR | CY2011 | BC-2011-00924
Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. In addition, there is no provision of law that authorizes a member to be promoted to a higher grade at the time of retirement. We have carefully considered the applicants submission and we are not persuaded that the applicants request for retirement in the grade of lieutenant colonel should be granted.