RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00962

      XXXXXXX                COUNSEL: No

      XXXXXXX                           HEARING DESIRED: Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of Lt Colonel by a Special
Selection Board (SSB) for the Calendar Year 2003A  (CY03A)  Lieutenant
Colonel Central Selection Board with inclusion  of  a  letter  to  the
board President.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His officer selection folder for the Lt Colonel CY03A promotion  board
did not accurately or justly reflect the circumstances as  to  why  he
had not completed his graduate degree  or  his  Professional  Military
Education (PME), which are the probable reasons he  was  not  selected
for promotion.

In February 2002, he was diagnosed with malignant  Melanoma.   He  had
noticed a bump on his face while deployed to Saudi Arabia  during  the
fall of 2001.  The doctor there said it was nothing serious.  After he
returned and after several treatments by  the  base  doctors,  he  was
referred off base to a  dermatologist  who  removed  the  tumor.   The
pathology results confirmed it was  Melanoma  and  had  spread.  After
another surgery in March 2002, it was confirmed the cancer had  spread
to his lymph nodes in his neck.  In April, he was admitted into  in  a
very intense bio-chemotherapy clinical trial.  The  treatments  lasted
until September and full recovery took until  November  2002.   During
that time, he was unable to return to duty, let alone do any  academic
work.

Before deploying  to  Saudi  Arabia  in  August  2001,  his  commander
counseled him on getting his graduate degree and PME  finished  before
his primary promotion board.  At that time we drew up plans to get all
of his work finished by May  of  2003,  leaving  enough  time  to  get
finished and update his records in case the board was to  be  moved-up
(which it was).  The battle with cancer, however, had essentially  put
him one year behind his schedule.  After  recovery,  he  finished  his
graduate work and was awarded a degree in August 2003. He is currently
enrolled in ACSC and is due to finish in May 2004.

In June 2003, he received his PRF.  His squadron commander and  senior
rater had both said that he had a strong record.  However, he was  not
counseled by either on writing a letter to the  board  explaining  the
reason why he had not finished his graduate work or PME.  Both knew of
his long battle against cancer and that he was unable  to  finish  his
work before his primary board.  It was not until he  had  a  permanent
change of station (PCS)  to  Scott  AFB  that  his  current  commander
pointed out to him that it would have been in  his  best  interest  to
write a letter to the promotion board.  Doing so would  have  made  it
clear to the board the exceptional circumstances of why his record was
not complete.

In support of the appeal,  applicant  submits  a  personal  letter,  a
letter from Ellis Fischel Cancer Center, a letter from his  commander,
and a letter to the promotion board.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of major.

The applicant has one nonselection to the grade of lieutenant  colonel
by the CY03A Lieutenant Colonel Central Selection Board.

In August 2001, the applicant’s commander counseled him  on  finishing
his degree and PME prior to his promotion board.  He informed him that
he was behind, and a plan was drawn to complete  his  graduate  degree
and PME before May 2003.  However, in February 2002, he was  diagnosed
with cancer and it wasn’t until November 2002  that  he  was  able  to
return to work and resume his academic work.  He finished his graduate
work in July 2003 as the CY03A board convened, but was not awarded the
degree until August 2003.  He is currently enrolled in Air Command and
Staff College by seminar and is scheduled to complete it in May 2004.

OPR profile since 2000 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 27 May 00   Meets Standards (MS)
                 27 May 01                   (MS)
            27 May 02                   (MS)
            27 May 03                   (MS)

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and stated the applicant had the  option
to write a letter to the board, and he chose not to do so until  after
his nonselection for promotion.  The  applicant  alleges  he  received
poor advice from his previous commander when he  asked  if  he  should
write a letter to the  board  explaining  the  reasons  for  his  non-
completion of his graduate degree and PME.  Their response led to  his
decision not to submit a letter to the CY03A board.  He believes  that
had he done so, the board would  have  taken  into  consideration  the
medical  circumstances,  which  prevented  him  from  completing   his
graduate degree and PME prior to the board.

Eligible  officers  meeting  central  selection   boards   are   given
instructions prior to the board to carefully examine their record  for
completeness and accuracy.  These instructions also inform the officer
they may correspond by letter to the board to call  attention  to  any
matter of record concerning them that they believe important to  their
consideration. Although perhaps misguided by his  previous  commander,
the member was given the opportunity to write a letter  to  the  CY03A
board, but elected not to inform them of his medical condition.

AFPC/DPPPO complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete of the Air Force evaluation was forwarded to the  applicant
on 18 June 2004, for review and comment.  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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice.   After  thoroughly  reviewing
the applicant's submission, we are not persuaded  that  the  applicant
should be considered for promotion to the grade of lieutenant  colonel
by an SSB.  In  this  respect,  the  applicant  had  the  opportunity,
however, made a conscious  decision  not  to  exercise  his  right  to
provide a letter to the promotion board explaining his reason for  not
completing his master’s degree  and  Professional  Military  Education
prior to the CY03A Lieutenant Colonel Central  Selection  Board.   The
applicant did not present any creditable evidence  from  his  previous
commander to support his  contention  of  miscounsel.   Therefore,  we
agree with the opinion and recommendation of the Air Force  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.

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  issue(s)   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 probable  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-2004-
00962 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Mar 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 15 Jun 04.
      Exhibit D. Letter, SAF/MRBR, dated 18 Jun 04.





      OLGA M. CRERAR
      Panel Chair