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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