RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00069
COUNSEL: WILLIAM M. FERRIS
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the Reserve grade of colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was highly recommended for promotion to the rank of colonel, Air
Force Reserve, by his supervisor and commanding officer, the former
Director, Defense Intelligence Agency, in a Letter of Evaluation
closing 30 Mar 78.
He was also highly recommended for promotion to the rank of colonel by
his former Air Force Reserve supervisor and commander, the former
Military Assistant to the Assistant Chief of Staff, Intelligence, in
an Officer Effectiveness Report (OER) closing 30 Apr 78.
In support of his appeal, the applicant provided an expanded
statement, copies of the LOE and OER, extracts from his military
personnel records, and other documents associated with the matter
under review.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available documentation indicates that the applicant, an Air Force
Reserve officer, was relieved from his current assignment, assigned to
the Retired Reserve, and his name was placed on the United States Air
Force (USAF) Reserve Retired List on 8 Jul 79 in the grade of
lieutenant colonel. He retired in that grade effective 20 Aug 80. He
was credited with 30 years, 7 months, and 6 days of satisfactory
Federal service for retirement.
AFPC/DPD indicated that the applicant was considered and nonselected
for promotion to the grade of colonel on six different occasions. He
was last considered and nonselected for promotion to the grade of
colonel by the Fiscal Year 1979 (FY79) Air Force Reserve Colonel
Overall Vacancy Promotion Board. When he was considered and
nonselected by the board, his Officer Selection Record (OSR) contained
the AF Form 77a (Letter of Evaluation) closing 30 Mar 78 and the AF
Form 707 (Officer Effectiveness Report) closing 30 Apr 78 recommending
him for promotion to the grade of colonel.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB reviewed this application and recommended denial. A complete
copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 30
Mar 01 for review and response (Exhibit C).
By letter, dated 25 Apr 01, the applicant requested that his
application be temporarily withdrawn (Exhibit D).
By application, dated 13 Aug 02, the applicant provided additional
documentary evidence for the Board’s consideration, which is attached
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 error or injustice. 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 adequately
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.
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 issues 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 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 AFBCMR Docket Number 01-
00069 in Executive Session on 7 Nov 02, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. James W. Russell III, Member
Mr. Thomas J. Topolski, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 00, w/atchs.
Exhibit B. Letter, ARPC/DPB, dated 16 Mar 01.
Exhibit C. Letter, SAF/MIBR, dated 30 Mar 01.
Exhibit D. Letter, applicant, dated 25 Apr 01.
Exhibit E. DD Form 149, dated 13 Aug 02, w/atchs.
WAYNE R. GRACIE
Panel Chair
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