RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02782
            INDEX CODE:  102.00
            COUNSEL:  Randall D. Huggins

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated as an officer  in  the  United  States  Air  Force  Reserve
(AFRES) and retain his rank of first lieutenant.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Because of procedural oversights and miscommunications by the   Air  Reserve
Personnel Center (ARPC) officials,  he  was  unable  to  obtain  an  officer
position and subsequently lost his commissioned status with the AFRES.

In support of his request, the  applicant  provided  an  expanded  statement
outlining the events under review.  Applicant’s complete  submission  is  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 Deputy Director of Assignments, ARPC/DPA, reviewed this application  and
recommends denial.  DPA states that there is no  documentation  to  indicate
the applicant  was  assigned  the  Information  Management  (IM)  Air  Force
Specialty Code.  The applicant had the opportunity to participate as  an  IM
officer; however, he believed he was more qualified in the  Security  career
field.  He refused to accept an IM position until just prior to being  twice
deferred for promotion to the grade of captain.

According to DPA, the applicant’s discharge from  all  appointments  in  the
United States Air Force is established by  Title  10,  United  States  Code,
Section 14504, Effect of failure of selection for promotion:  reserve  first
lieutenants of the Army, Air Force, and Marine Corps and reserve  lieutenant
(junior grade) of the Navy. Furthermore, there are no  provisions  to  allow
the applicant to obtain a waiver or exception to  policy  to  reenter  as  a
commissioned officer. (See Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant’s  counsel
on 15 June 2001 for review and response but  returned  due  to  insufficient
address.

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  15
June 2001 for review and response 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice.   The  applicant’s   complete
submission was thoroughly reviewed and  his  contentions  were  duly  noted.
However, we do  not  find  the  applicant’s  assertions  or  his  supporting
documentation sufficiently persuasive  to  warrant  any  corrective  action.
The applicant contends that he never was informed that he  could  contact  a
squadron directly in order  to  secure  a  position.   While  there  was  no
evidence that he was informed by ARPC of his responsibilities in securing  a
position, no evidence has been presented which  would  lead  us  to  believe
that he was proactive in securing a participating position.   In  our  view,
the applicant allowed a  significant  lapse  of  time  to  transpire  before
becoming more aggressive in his quest to  secure  a  position  and  was  the
prominent proponent in his losing his commissioned status.  In  the  absence
of clear-cut evidence that the  applicant  was  ill-advised  concerning  his
career field, we agree with the recommendation of the Air  Force  office  of
primary responsibility  and  conclude  that  the  applicant  has  failed  to
sustain his burden of establishing that he has suffered either an  error  or
an injustice.   Accordingly,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  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.
_________________________________________________________________

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 24 July 2001, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. William H. Anderson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 October 2000 w/atchs.
    Exhibit C.  Letter, ARPC/DPA, dated 7 June 2001.
    Exhibit D.  Letter, SAF/MIBR, dated 15 June 2001.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002



Dear Sergeant

      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR 00-02782.

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of probable material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence,
a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                   JOHN J. D’ORAZIO
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachment:
Record of Board Proceedings