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AF | BCMR | CY2003 | BC-2002-03768
Original file (BC-2002-03768.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-03768
                                       INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to captain, if justified.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He just noticed that he had enough points required for promotion from  first
lieutenant to captain.  There was no promotion action completed at the  time
of his separation.  He’s not sure if his promotion is warranted or not.

In support of his application, he provides a  document  that  details  point
requirements for promotion in the United States Air  Force  Reserve  (USAFR)
and a copy of his point summary.  The applicant’s complete submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 November 1942, the applicant enlisted, at the age of nineteen,  in  the
Air Force Enlisted Reserve Corps of the Army in the grade  of  private.   He
was appointed an aviation cadet on  28 January  1943.   Having  successfully
completed training, he was honorably discharged from enlisted status  on  31
August 1943 and his appointment as an aviation cadet was terminated.

On 23 May 1944, the applicant was appointed a  second  lieutenant,  Army  of
the United States (AUS), Air Corps.  He was ordered to active duty  on  that
same date.  On 4 June 1945, the applicant was promoted to First  Lieutenant,
AUS.

On  28  February  1946,  the  applicant  was  tendered  appointment  in  the
Officer’s Reserve Corps, Army of the United States.  On  23 March  1946,  he
was relieved from active duty and reverted to an  inactive  Reserve  status.
He was credited with 1 year  and  10  months  of  active  duty  commissioned
service.  From 1 July 1949 through 1 April 1953 (his date of  separation  in
the USAFR),  he  was  not  affiliated  with  any  USAFR  organization.   The
applicant’s AF Form 190, USAF Reserve Personnel Record Card  for  Retention,
Promotion and Retirement, for the years ending 30 June  1950,  30 June  1951
and 30 June 1952 reflected only membership points were  awarded;  no  actual
participation was completed.  His year  ending  1  April  1953  reflected  1
educational point and 12 membership points awarded.

On 12 December 1952, the applicant declined an indefinite  term  appointment
as a Reserve officer in the United States Air Force.  On  14  January  1953,
Air Force Reserve Order  Number  9  terminated  the  applicant’s  commission
effective 1 April 1953.   His  total  active  federal  commissioned  service
(TAFCS) was 1 year, 10 months and 2 days.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states that even though the  applicant  did
meet time-in-grade  and  point  requirements,  he  did  not  have  an  USAFR
assignment.  Air Force Regulation (AFR)  45-5,  Organizational  Composition,
and Assignment, Promotion, Transfer and  Retention  of  Officers,  dated  16
March 1946, details the  full  requirements  for  promotion  in  the  USAFR.
Without a USAFR assignment, the applicant did not have a commanding  officer
or  occupy  a  higher  graded  vacancy;  therefore,  not  meeting  all   the
requirements of AFR 45-5 and  making  him  ineligible  for  promotion.   The
DPPRRP 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  14
February 2003 for review and response (Exhibit D).  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 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.  While the applicant did meet the  time-in-
grade and point requirements for promotion to captain, he  did  not  have  a
USAFR assignment.  Without the USAFR assignment, he  was  ineligible  for  a
recommendation from a commanding officer nor did he occupy a  higher  graded
vacancy, both of which were required for promotion.  In view  of  the  above
and absent evidence showing the contrary, 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.  While we are  not  unappreciative
of the applicant’s accomplishments in the service of his Nation, we have  no
basis on which to favorably consider his 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 this application in  Executive
Session on 28 May 2003, under the provisions of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Martha Maust, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2002-03768
was considered:

     Exhibit A.  DD Forms 149, dated 21 Nov 02 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 31 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.




                                  PATRICIA D. VESTAL
                                  Panel Chair

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