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AF | BCMR | CY2003 | BC-2002-01894
Original file (BC-2002-01894.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01894
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be provided the retirement grade he should have received.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not retired in the grade that he should have been.

His records were not viewed by a board and contained errors.

In support of his appeal, the applicant  provided  extracts  from  his
military personnel records.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed  a  second  lieutenant,  Army  of  the  United
States, on 22 Apr 43.  He was  promoted  to  the  temporary  grade  of
captain on 31 Oct 50.

On 16 Dec 52,  the  applicant  was  appointed  a  captain,  Air  Force
Reserve.  He was promoted to the permanent grade of major on 1 Jul 55.

Applicant was relieved from active duty on 30 Apr 62 in the  grade  of
captain, and retired, effective 1 May 62, in the grade of major.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial indicating that based on the applicant's
date of rank (DOR) as a captain, he would have  been  eligible  to  be
considered for temporary promotion beginning with the Fiscal Year 1953
(FY53) board.  Officers who were not recommended for promotion by  the
major command, were not considered by  the  central  selection  board.
There was evidence in the applicant's record that  he  was  considered
for promotion by at least two  temporary  promotion  boards,  but  was
nonselected.

In AFPC/DPPPO's view, the applicant has not provided any documentation
to support his contention  that  he  should  have  been  promoted  and
retired in  a  higher  grade.   Based  on  the  documentation  in  the
applicant's record, they believe he was considered, but  not  selected
for temporary promotion to the grade of major.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and  furnished  responses  and
additional documentary evidence which are attached at Exhibits  E  and
F.


_________________________________________________________________

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.   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 (OPR) and adopt  their  rationale  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   We
believe it should  be  pointed  out  that  the  applicant’s  decorated
service and  sacrifice  for  his  country  have  not  gone  unnoticed.
Notwithstanding this, there is a  presumption  of  regularity  in  the
conduct of governmental affairs.  Other than his  own  assertions,  no
evidence has been presented which would lead us to  believe  that  the
applicant should have been promoted and retired in a higher grade,  or
that his records are inaccurate.  In view of the  above,  and  in  the
absence of sufficient evidence to the contrary, 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   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 02-
01894 in Executive Session on 25 Feb 03, under the provisions  of  AFI
36-2603:

      Mr. Gregory Petkoff, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 18 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Nov 02.
    Exhibit E.  Letter, applicant, undated, w/atchs.
    Exhibit F.  Letter, applicant, dated 30 Dec 02.





                                   GREGORY PETKOFF
                                   Panel Chair



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