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AF | BCMR | CY2001 | 0001967
Original file (0001967.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  00-01967
                                        INDEX CODE 113.04
      XXXXXXXXX                         COUNSEL: No

      XXXXXXXXX                         HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted  to  the  grade  of  captain  effective  1  Jun  00  or
retroactive to his original effective date of 29 Dec 99.

_________________________________________________________________

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 Chief, Officer Promotion Management, HQ AFPC/DPPPOO, reviewed  the
appeal and provided his rationale for recommending that the  applicant
be promoted to the grade of captain but effective  1  Jun  00,  rather
than on the original date of 29 Dec 99.

A complete copy of the Air Force evaluation is at Exhibit C.

The Chief, Reserve of the Air Force Selection  Board  Secretariat,  HQ
ARPC/DPB, supports the active duty promotion  with  an  effective  and
date of rank of 1 Jun 00.

A complete copy of the Air Force evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant  on
17 Nov 00 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  probable  error  or  injustice  to  warrant  partial
relief. The applicant declined his promotion based on  the  rules  and
policy in effect at that time. The new rules that were implemented  on
1 Jun 00 were not retroactive and the rules  governing  withdrawal  of
promotion declinations have not changed--officers receive a  promotion
effective date  equal  to  the  date  of  their  approved  withdrawal.
Further, 1 Jun 00 is the earliest  date  a  request  to  withdraw  the
declination could have been approved and  still  fall  under  the  new
rules allowing a member to pin-on and separate without  incurring  the
previous one-year active duty service commitment. Therefore, in  order
to preclude a possible  injustice,  we  agree  with  the  Air  Force’s
suggested partial relief and  recommend  the  applicant's  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  be  corrected  to  show  that  he  requested
withdrawal of his promotion declination  statement,  his  request  was
approved by competent authority on 1 Jun 00, and he  was  promoted  to
the grade of captain effective and with a date of rank of 1 Jun 00.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 January 2001, under the provisions of AFI  36-
2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Ms. Carolyn J. Watkins, Member
                  Mr. John E. Pettit, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Jul 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPOO, dated 15 Aug 00.
   Exhibit D.  Letter, HQ ARPC/DPB, dated 1 Nov 00.
   Exhibit E.  Letter, SAF/MIBR, dated 17 Nov 00.




                                   TERRY A. YONKERS
                                   Panel Chair




AFBCMR 00-01967




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX be corrected to show that he requested
withdrawal of his promotion declination statement, his request was
approved by competent authority on 1 June 2000, and he was promoted to
the grade of captain effective and with a date of rank of 1 June 2000.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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