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AF | BCMR | CY2001 | 0002584
Original file (0002584.doc) Auto-classification: Denied





                                         RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02584
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant  requests  that  he  be  promoted  to  the  rank  of  either
Lieutenant Colonel or Colonel because of racial  discrimination  which
he alleges occurred when he was a member of the Tuskegee Airmen during
World War II.  Applicant's submission is at Exhibit A.

The appropriate  Air  Force  office,  AFPC/JA,  evaluated  applicant's
request and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C).  The advisory opinion was forwarded
to the applicant for review and response  (Exhibit  D).   As  of  this
date, no response has been received by this office.

The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

After careful consideration of applicant's request and  the  available
evidence  of  record,  we  find  insufficient  evidence  of  error  or
injustice to warrant corrective action.  The facts and opinions stated
in the advisory opinion appear to be based on the evidence  of  record
and have not been rebutted by applicant.  Absent  persuasive  evidence
applicant was denied rights to which entitled, appropriate regulations
were not followed, or appropriate standards were not applied, we  find
no basis to disturb the existing record.  Furthermore,  as  stated  in
the advisory, applicant retired as a commissioned officer  in  the  US
Army Reserve.  He never served as a commissioned officer  in  the  Air
Force.  Therefore, the Air Force  Board  for  Correction  of  Military
Records has limited authority to take action  in  this  matter.   This
Board has authority to deal with facts related to his service while in
the Army Air Corps  in  1945-1946  under  a  Memorandum  of  Agreement
between the  Air  Force  and  Army  dated  11  October  1957  and  his
subsequent service in the  Air  Force  Reserve.   This  Board  has  no
authority to impact his promotion as a US Army officer.  We also  note
that  the  applicant  has  not  provided   an   explanation   of   and
documentation pertaining to the alleged unfair  actions  or  omissions
resulting  from  discrimination  he  suffered  during  the  period  in
question.  The applicant did not specify  and  substantiate  how  such
discrimination affected his career.

Accordingly, applicant's request is denied.

The Board staff is directed to  inform  applicant  of  this  decision.
Applicant should also be informed that this decision is final and will
only be reconsidered upon the presentation of  new  relevant  evidence
which was not reasonably available at the  time  the  application  was
filed.

Members of the Board Mr. Robert W. Zook, Mr. Robert S. Boyd,  and  Mr.
Edward C. Koenig, III considered this application on 23 January  2001,
in accordance with the provisions of Air Force Instruction 36-2603 and
the governing statute, 10 U.S.C. 1552.





                ROBERT W. ZOOK

                Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion

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