RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02618
                       INDEX CODE 131.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of major effective 1 May 74 with back  pay
and an increased retirement pension.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not receive promotion orders and was  not  informed  about  his
promotion.  He retired in 1974. He found the 27 Nov 73 letter  from  a
major general, who  has  since  retired,  congratulating  him  on  his
promotion to temporary major. He provides a copy of this letter.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 28 Mar 53  and  was
discharged on 24 Jun 63 to accept a commission. He was commissioned as
a 2nd lieutenant on 25 Jun 63. He was promoted to the temporary  grade
of 1st lieutenant on  25  Dec  64  and  the  permanent  grade  of  1st
lieutenant on 25 Jun 66. He was promoted to  the  temporary  grade  of
captain on 14 Mar 67 and the permanent grade of captain on 25 Jun 70.

The applicant retired in the grade of captain on 1 Mar 74.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records (Exhibit B),  are  contained  in
the letter prepared  by  the  appropriate  office  of  the  Air  Force
(Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO advises that, based on  the  applicant’s  date  of  rank
(DOR) as a captain, 14 Mar 67, he was eligible to meet the Fiscal Year
1974 (FY74) Temporary Major Selection Board, which convened on 17  Sep
73.  The applicant met the board and was  selected  for  promotion  to
major, which would have been released in Nov 73.  In  accordance  with
AFR 36-89, commissioned officers promoted to  a  grade  above  captain
incurred an  active  duty  service  commitment  (ADSC)  of  two  years
beginning with the effective date of promotion.  The  sequence  roster
for the FY74 board indicates the applicant would  have  been  promoted
effective 1 May 74 with a DOR of 25 Apr 73.  Since the  applicant  was
not on active duty to accept the promotion, special orders  to  effect
the promotion were not published.  The applicant  would  have  had  to
withdraw his application for retirement to accept the  promotion.  The
applicant waited over 25 years before filing an application.  Although
it can be proven that  he  was  selected  for  promotion  and  he  was
notified of his selection, there is no documentation  to  explain  why
the  applicant  did  not  withdraw  his  retirement  and  accept   the
promotion.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He never received formal notification of promotion; he only found  the
informal letter congratulating him from his commanding  officer.  This
is a Catch 22 situation. If he had been notified of his selection  for
promotion, he would certainly have delayed his  retirement  to  accept
the promotion. However, since he was never notified, he did  not  have
the opportunity to  make  the  decision.   The  notification  was  not
published because he was  retired.  He  retired  because  he  was  not
notified. It is a circle.  The Board should  find  in  his  favor.  He
intends to dispute the recommendation to  disapprove  to  the  fullest
extent allowed him under Air Force rules and regulations.

A complete copy of applicant’s response is at Exhibit E.

The retired major general who wrote the congratulatory letter provides
a statement indicating he is sure  the  letter  would  not  have  been
prepared and signed by him  without  a  promotion  board  action.   He
asserts the applicant was a productive worker  in  the  hard  task  of
programming computers in the early days.

A complete copy of the retired major general’s statement is at Exhibit
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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that he should be promoted to major effective 1 May 74  with
back  pay  and  an  increased  retirement  pension.  The   applicant’s
selection for promotion to major is  not  at  issue.  Clearly  he  was
selected for promotion by the FY74 Temporary  Major  Selection  Board,
which convened on 17 Sep 73. Apparently he also was, in fact, notified
of his selection since he  possesses  the  27  Nov  73  congratulatory
letter he submits with his appeal; however, he retired on 1 Mar 74. As
a result, there would be no promotion orders published because he  did
not withdraw his retirement and accept his promotion. In view  of  the
foregoing, there is no basis to retire him in the higher  grade.   The
applicant has not established to our  satisfaction  that  he  was  not
notified in sufficient time to withdraw his retirement  paperwork  and
accept his promotion. We therefore adopt the  rationale  expressed  by
the Air Force 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 conclude this appeal should be denied.

_________________________________________________________________

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 6 Mar 03 under the provisions of AFI 36-2603:

                             Ms. Cathlynn B. Sparks, Panel Chair
                             Ms. Nancy Wells Drury, Member
                             Mr. Robert H. Altman, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02618 was considered:

   Exhibit A.  DD Form 149, dated 13 Aug 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 15 Oct 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
   Exhibit E.  Letter, Applicant, dated 19 Nov 02.
   Exhibit G.  Letter, Major General (Retired), dated 13 Jan 03.




                                   CATHLYNN B. SPARKS
                                   Panel Chair