RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02209
INDEX CODE: 131.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted, retroactively, to the grade of Master Sergeant (MSgt/E-
7).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was eligible for promotion to MSgt and fully expected to meet a
promotion board. He had satisfied all requirements including all
professional military education (PME), time in grade, and time in
service. The promotion board met in September 1996 but his name was
not selected to go before the board. Upon further investigation, he
found his commander had suddenly been relieved of his duties and
shortly thereafter dismissed from the New York Air National Guard (NY
ANG) on sexual harassment charges. His commander had not submitted
his name to the promotion board.
In support of his appeal, the applicant has provided a personal
statement a letter from his congressman, and a response to the
congressman’s letter.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged from the NY ANG, and transferred to the
Retired Reserve list effective 26 September 1997 as a technical
sergeant (TSgt/E-6).
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI states the applicant’s records
contain no evidence to support his statement that he was ever
recommended for promotion. Additionally, there was no documentation
found regarding the allegation the applicant’s former commander was
ever relieved of his duties. The NY ANG holds that had an oversight
been committed regarding his promotion, it would have been corrected
during the year that passed between the time the board met and the
applicant retired. There is no substantiation of the applicant’s
claim in his record or in his application.
DPPI’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air National Guard evaluation was forwarded to the
applicant on 31 October 2003 for review and comment within 30 days.
As of this date, no response has been received by this office.
_________________________________________________________________
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 applicant's submission, we do not find his
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force.
Therefore, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has failed
to sustain his burden of having suffered either an error or injustice.
Therefore, in the absence of persuasive 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 AFBCMR Docket Number BC-
2003-02209 in Executive Session on 10 December 2003, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Kathleen F. Graham, Member
Mr. J. Dean Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 2 Oct 03, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.
THOMAS S. MARKIEWICZ
Chair
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