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AF | BCMR | CY2003 | BC-2003-01541
Original file (BC-2003-01541.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01541
            INDEX CODE:  111.01, 131.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Effectiveness Reports (OERs) dated 12 Jan 53  and  1 Apr  53  be
corrected and he be  promoted  to  the  grades  of  lieutenant  colonel  and
colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The (OERs) dated 12 Jan 53 and 1 Apr 53  are  short  in  duration  and  even
shorter in facts.   A  combining  of  squadrons  resulted  in  many  officer
overages.  He volunteered for remote  duty  to  hasten  his  return  to  his
chosen career duties.  The two promotion boards were at the disadvantage  of
mostly incomplete, inaccurate and misleading information,  to  a  sufficient
degree to make it impossible to act  otherwise.   His  Ohio  National  Guard
report, dated 2 Jun 56, was affected by his  having  resigned  from  a  full
time job for a better position with the Civil Service.

In support of his  request,  applicant  provided  a  personal  statement,  a
Letter of Recognition; a copy of his DD Form 214, Report of Separation  form
the Armed Forces of the United States;  and  documentation  associated  with
his Freedom of Information Act (FOIA)  request.   His  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  27
Dec 41.  He was progressively  promoted  to  the  Reserve  grade  of  major,
having  assumed  that  grade  effective  6  Jun  47.   He   served   various
assignments in the Reserve, National Guard and on active duty, and his  name
was placed on the Reserve Retired List on  31  Oct  56.   A  search  of  his
records provided no information pertaining to his promotion considerations.

_________________________________________________________________

AIR FORCE EVALUATION:

The  ANG/DPPI  recommends  denial.   DPPI  states  that   the   Ohio   State
Headquarters was unable to locate any records pertaining to  the  applicant.
However, the National Personnel Record Center (NPRC) was able to locate  the
OERs in question.  There  is  no  record  of  the  related  promotion  board
proceedings that could be found.  Based upon  the  supporting  documentation
provided, DPPI recommends denial.  The DPPI  evaluation,  with  attachments,
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that  although  the  DPPI  letter  is  in  accordance  with
standard operating procedures, he finds it difficult to understand the  loss
of seven copies of orders for his years of  service  in  the  Army  and  Air
Force.   During  World   War   II   orders   were   rarely   used   in   the
China/Burma/India area but many orders for  the  timeframe  before  February
1942 and after November 1943 are in his files and  will  be  furnished  upon
request.  His complete submission, with attachments, is at Exhibit E.

_________________________________________________________________

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 evidence provided in support of his  appeal,  we  are  not
persuaded by the applicant's uncorroborated assertions  that  the  contested
reports are not a true and accurate assessment  of  his  performance  during
the specified time period or that the  comments  contained  in  the  reports
were in error or contrary to the provisions of  the  governing  instruction.
With respect to his request that he be promoted to the grades of  lieutenant
colonel and colonel, we are not ungrateful or unappreciative of his  service
to this nation; however, evidence has not been presented  which  would  lead
us to believe that he was denied rights to which he was  entitled  or  based
on the policy that was in effect at the  time,  he  met  the  qualifications
that would have made him eligible for promotion.  Therefore, in the  absence
of persuasive 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  BC-2003-
01541 in Executive Session on 17 Sep 03, under the  provisions  of  AFI  36-
2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Michael Maglio, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 21 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.
    Exhibit E.  Letter, Applicant, dated 16 Aug 03, w/atchs.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair

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