RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01562
INDEX NUMBER: 135.00
XXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered for promotion to major by special selection boards
(SSB) for the Calendar Year (CY) 1998B and CY99A Major Central
Selection Boards with the letters he wrote to each board requesting
not to be promoted removed from his officer selection record (OSR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Although his decision to write the Boards was the best one for him and
his family at the time, he now desires to apply for a return to active
duty. Current Air Force policy does not allow him to apply for a
return to active duty since he has been twice deferred for promotion.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was considered and not selected for promotion to major
by the CY98B and CY99A Major Central Selection Boards. The applicant
wrote a letter to each board asking not to be promoted. He separated
from active duty on 10 Oct 99 as a twice-deferred officer and was
ineligible for involuntary separation pay, as he had caused his own
nonselections.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial of the applicant’s request. Per Section
628, 10 U.S.C., SSBs may be granted when an eligible officer did not
meet a board or met the board in an incorrect promotion zone or
competitive category; if the action of the board was contrary to law
or involved material error or fact or material administrative error;
or the board did not consider material information that should have
been available in compliance with pertinent Air Force directives and
policies. In the applicant’s case, there were no legal or material
errors, and all pertinent information was available for the board to
see.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluation, the applicant indicates
that the information in the evaluation is correct, but he is now
asking for the letters he wrote to the board to be rescinded. If the
board rescinds the letters, then his records, which met the promotion
boards, would contain a material error warranting an SSB.
The applicant’s complete response 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. 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 and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this 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 Docket Number BC-2003-
01562 in Executive Session on 20 August 2003, under the provisions of
AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Ms. Leslie Abbott, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPO, dated 24 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 03.
Exhibit E. Memorandum, Applicant, 9 Jul 03, w/atchs.
OLGA M. CRERAR
Panel Chair
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