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AF | BCMR | CY2003 | BC-2003-01562
Original file (BC-2003-01562.doc) Auto-classification: Denied

                       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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