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AF | BCMR | CY2002 | 0202045
Original file (0202045.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02045
            INDEX CODE 110.02
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect a narrative reason of “Completion of  Required
Active Service” rather than “Non-Selection, Permanent Promotion,”  and
award of the Meritorious Service Medal (MSM).

_________________________________________________________________

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 applicant was considered but not selected for promotion for  major
for the second time in Sep 00.  He  was  given  a  mandatory  date  of
separation of 30 Jun 01 in accordance with Title 10, USC, Section 632.
He was offered selective continuation through 18 years of service  but
declined. He was honorably discharged in the grade of  captain  on  30
Jun 01 with 11 years, 5 months and 22  years  of  active  service  and
received approximately $57,400 in separation pay. The narrative reason
for discharge was “Non-Selection, Permanent Promotion.”

On 12 Jul 02, HQ AFPC/DPPPRA notified the applicant that his  DD  Form
214 had been administratively corrected to reflect receipt of the  MSM
(Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ APFC/DPPRS notes that,  although  the  applicant  did  not  have  a
remaining commitment, his reason  for  separation  was  based  on  his
nonselection and law, which requires separation no later than the last
day of the seventh month following board  approval  by  the  Assistant
Secretary of Defense. This takes precedence over any other reason  for
separation/retirement.  In  retrospect,  if  the  applicant  had  been
separated for “completion of required active service” as he  requests,
his separation would have been considered voluntary and he  would  not
have received $57,400 in separation pay. Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 26 Jul 02 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 applicant was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  We  note  that  the  applicant’s
request to have  his  DD  Form  214  reflect  award  of  the  MSM  was
administratively accomplished. Therefore, the only issue remaining for
our consideration pertains to his request for  a  different  narrative
reason.  In  accordance  with  statute,  the  applicant  was  given  a
mandatory date of separation as a result of his two nonselections.  He
was offered selective continuation, which would have gotten him to the
18-year point known as the retirement  sanctuary  and  undoubtedly  he
would have been allowed to serve until he became retirement  eligible.
However,  he  declined.  The  applicant  should   not   perceive   his
nonselections as a negative or a  hindrance  in  civilian  life.   The
extremely competitive nature of the selection process results in  many
fine officers not being promoted. Further, if he  had  been  separated
for the requested narrative reason, his  separation  would  have  been
considered voluntary and he would not have received  over  $57,000  in
separation pay. We therefore agree with the recommendations of the Air
Force and adopt the rationale expressed as the basis for our  decision
that the applicant has failed to sustain his burden of having suffered
either an error or an injustice. In  view  of  the  above  and  absent
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 3 October 2002 under the provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. George Franklin, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02045 was considered:

   Exhibit A.  DD Form 149s (2), dated 18 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPRA, dated 12 Jul 02, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 19 Jul 02.
   Exhibit E.  Letter, SAF/MRBR, dated 26 Jul 02.




                                   WAYNE R. GRACIE
                                   Panel Chair


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