RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  00-02441
                 INDEX CODE:  108.00
                 COUNSEL:  NONE

                 HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His military records be reviewed with a recommendation of  retention  and
an amendment to the outcome of the 1992 Selective Early Retirement  Board
(SERB).

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APPLICANT CONTENDS THAT:

He was unjustly selected for early retirement as a result of  the  FY  93
Line Major Selective Early Retirement Board.  His record  stands  in  the
top 15% of his peers, yet he fell in the lower 30% in the board results.

In  support  of  his  application,  the  applicant  submited  a  personal
statement (Exhibit A).

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 15  August  1971.   On  25
August 1979 he was commissioned a second lieutenant and was progressively
promoted to the grade of major on 1 December 1990.

He was considered and selected for early retirement by  the  Fiscal  Year
1992 (FY92) Selective Early Retirement Board (SERB).   The  Secretary  of
the Air Force approved and signed the list of  selected  officers  on  11
February 1992.  Applicant's mandatory retirement date was established  as
1 September 1992.

On 31 January 1993, applicant was relieved from  active  duty  and  on  1
February 1993, retired in the grade of major with 21 years, 5 months, and
15 days of active service.

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AIR FORCE EVALUATION:

The Retirements and Separations Division, AFPC/DPPRR, indicates  that  in
accordance with Consolidated Base Personnel Office Letter 92-023 dated 11
march 1992, Subject:  FY93 Captain/Major Selective Early Retirement Board
(SERB),  the  member  was  properly  identified  for   the   FY93   SERB.
Eligibility criteria included Line Regular and Reserve majors with a date
of rank of 1 October 1991 or earlier  who  were  retirement  eligible  or
within 1 year of becoming retirement eligible as of the  board  convening
date (minimum of 19 years  TAFMS  and  7  years  TAFCS).   Excluded  from
consideration were those officers on a recommended list for promotion and
officers with an  approved  voluntary  retirement  date  or  a  mandatory
retirement date in FY92 or FY93.  The applicant had neither.

The applicant is insistent that he should not have been selected  because
of his military record.  He has failed to produce any evidence  to  prove
that his record was superior to other selected  members.   He  offers  no
documentation proving his record was equal to or superior to  individuals
not selected for early retirement.

The applicant did not submit his request for correction of  his  military
record within the 3-year time limit.

DPPRR states they cannot assume to know why the SERB made the decision to
select the applicant for early retirement. Considering the  above  policy
and the applicant’s personnel records, complete and accurate  information
was provided the  FY93  Capt/Maj  SERB.   Since  the  applicant  has  not
provided additional information to warrant review and reconsideration  of
his records, DPPRR recommends the applicant’s request be denied  (Exhibit
C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded  to  the  applicant  for
review and response on  17  November  2000.   On  11  December  2000  the
applicant requested  an  extension  of  45  days.   In  response  to  the
applicant’s request, on 12 January 2000, he was notified  that  his  case
would be temporarily withdrawn until he was ready to proceed.  On 23  May
2000, the applicant submitted his rebuttal to the Air Force evaluation in
which he continues to assert that after thoroughly reviewing his records,
he is convinced that his selection by the SERB was an injustice and  that
this injustice must be righted.  All of the aforementioned documents  are
at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The application was not filed within three years  after  the  alleged
error  or  injustice  was  discovered,  or  reasonably  could  have  been
discovered, as required by Section 1552, Title 10, United States Code (10
USC 1552), and Air Force Instruction  36-2603.   Although  the  applicant
asserts a date of discovery which would, if correct, make the application
timely, the essential facts which gave rise to the application were known
to applicant long before the asserted date of  discovery.   Knowledge  of
those facts constituted the date of discovery and the  beginning  of  the
three-year period for filing.  Thus the application is untimely.

2.  Paragraph b of 10 USC 1552 permits us, in our discretion,  to  excuse
untimely filing in the interest of justice.  We have  carefully  reviewed
applicant's submission and the entire  record,  and  we  do  not  find  a
sufficient basis to excuse the untimely filing of this application.   The
applicant has not shown a plausible reason for delay in  filing,  and  we
are not persuaded that the record raises issues  of  error  or  injustice
that require resolution on the merits  at  this  time.   Accordingly,  we
conclude that it would not be in the interest of justice  to  excuse  the
untimely filing of the application.

3.  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  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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DECISION OF THE BOARD:

The application was not timely filed and it would not be in the  interest
of justice to waive the untimeliness.  It is the decision of  the  Board,
therefore, to reject the application as untimely.

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The following  members  of  the  Board  considered  this  application  in
Executive Session on August 13, 2001, under the  provisions  of  AFI  36-
2603:


      Mr. Thomas S. Markiewicz, Panel Chair
      Mr. Frederick R. Beaman, III, Member
      Ms. Rita S. Looney, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Sep 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRR, dated 26 Oct 00, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 17 Nov 00.
   Exhibit E.  Applicant’s Letters, dated 11 December 2000 and
               23 May 01 and AFBCMR Letter, dated 12 January 2001.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair