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AF | BCMR | CY2004 | BC-2003-03153
Original file (BC-2003-03153.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03153
            INDEX CODE:  131.09
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade on the Reserve retired list be advanced  to  colonel  rather  than
lieutenant colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His last billet on active duty was that of Deputy  Commander  of  Personnel.
That position was reserved for the grade of colonel.  He  was  selected  for
this assignment over numerous applicants; unfortunately he was not  advanced
to the grade of colonel because he had reached a total of 28  years  and  30
days, requiring mandatory retirement.

In support  of  his  request,  applicant  provided  a  copy  of  an  Officer
Effectiveness Report, a copy of a Letter of Evaluation,  a  summary  of  his
career, a publication article, a letter written to his  Congressman,  and  a
copy of the Air Forces Escape and Evasion Society  Magazine.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant initially served in the Enlisted Reserve Corps, United  States
Army, from 17 Jun 42 to 23 Jun 43.  On 24 Jun 43, he was appointed a  second
lieutenant in the Army Air Corps.  He continually served without a break  in
service.  On 30 Jun 69, he was promoted to the Reserve grade  of  lieutenant
colonel.  On 23 Jul 71, he was transferred to the  Retired  Reserve  in  the
grade of lieutenant colonel.  He began drawing retired pay on 12 May 82.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP  states  that  the  applicant  provided  no
documentation to show he was ever promoted  to  the  grade  of  colonel  and
states he was never advanced to colonel.  His records reflect he  was  never
promoted to the grade of colonel.  The highest  grade  he  held  during  his
career was lieutenant colonel  and  he  is  receiving  retired  pay  in  the
correct grade.  The DPP 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 21  Nov
03 for review and comment within 30 days.  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  that  would  warrant  advancement  of  the
applicant's grade on the Reserve  retired  list.   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 that the highest grade  held  by  the  applicant  was
lieutenant colonel and he was retired in the correct  grade.   Evidence  has
not presented which would lead  us  to  believe  otherwise.   Therefore,  we
adopt its rationale as the basis for our conclusion that the  applicant  has
not been the victim of an error or injustice.  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 AFBCMR Docket Number  BC-2003-
03153 in Executive Session on 8 Jan 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James A. Wolffe, Member
      Ms. Cheryl Jacobson, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 10 Nov 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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