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AF | BCMR | CY2002 | BC-2002-02453
Original file (BC-2002-02453.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02453
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His nonselection for promotion to the grade of  lieutenant  colonel  by  the
Calendar Year 2001B (CY01B) lieutenant colonel selection  board  be  removed
from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he entered active duty under the Limited Period Recall  Program  (LPRP)
he  was  briefed  that  he  would  not  be  eligible  for  active  duty   or
reserve/guard promotion boards.  Based on legal interpretations of the  law,
he was  forced  to  meet  active  duty  boards  and  was  not  selected  for
promotion.  He believes meeting an active duty  promotion  board  without  a
record of active duty performance reports has unfairly penalized him.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Reserve of  the  Air  Force
on 22 May 81.  He was progressively promoted to the grade of  major,  having
assumed that grade effective 1 Feb 99 and with a date of rank of 22 May  95.
 The applicant entered active duty on 1 Feb  99  under  the  LPRP.   He  was
considered and not  selected  for  promotion  to  the  grade  of  lieutenant
colonel by the CY00 (28 Nov 00) and the CY01B (5 Nov 01) Central  Lieutenant
Colonel Selection Boards.

On 25 Apr 01, he applied to the AFBCMR requesting that his  nonselection  by
the CY00 selection board be removed  from  his  records.   His  request  was
approved by the AFBCMR on 30 May 01.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  reviewed  applicant's  request  and  recommends  denial.   DPPPO
states that prior to March  1999,  Reserve  officers  entering  active  duty
under the LPRP were counseled that they would not be eligible for  promotion
while on the LPRP.  A legal review resulted in an opinion that there was  no
legal basis for excluding these officers from active duty promotion  boards.
 As a result, he became immediately eligible  for  promotion  to  lieutenant
colonel.  On  21  Apr  00,  he  was  advised  of  the  change  to  promotion
eligibility and provided the option of curtailing his extended  active  duty
(EAD) tour or continue meeting  active  duty  boards.   On  11  May  00,  he
elected to  continue  on  active  duty  and  understood  that  he  would  be
considered for promotion by active duty boards.  His tour will be  completed
on 31 Jan 03 and he will return to the Reserve Active Status List  where  he
will be  eligible  for  Reserve  promotion  boards.   He  has  had  numerous
opportunities to curtail his tour and make  himself  ineligible  for  active
duty promotion boards.  His reasoning for  removal  of  nonselection  is  no
longer valid.  He met the CY01 board voluntarily; he was not forced to  meet
that board.

The DPPPO evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  9  Aug
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 application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice  that  would  warrant  removal  of   his
nonselection for promotion.  We took  notice  of  the  applicant's  complete
submission in judging the merits of the case; however,  we  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

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  Docket  Number  02-02453  in
Executive Session on 17 Oct 02, under the provisions of AFI 36-2603:

      Mr. Jackson A. Hauslein, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 30 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 02.
    Exhibit E.  Record of Proceeding, AFBCMR Docket Number 01-01236




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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