RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01079
            INDEX CODE:  131.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  show  promotion  to  the  rank  of  Lieutenant
Colonel (LTC) and/or he be given a special selection board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was non-selected by the LTC promotion board P0502B.  His  four  and  one-
half year break in service had an effect on the  decision  process  for  his
promotion, and he is requesting his records be  corrected  to  show  he  was
promoted to the rank of  LTC.   His  reason  for  leaving  and  subsequently
returning to the Air Force were neither frivolous  nor  impulsive.   He  did
not resign due to unhappiness or dissatisfaction with the Air Force, but  to
resolve a family issue.   Once  he  fulfilled  his  family  obligations,  he
elected to return to active duty.

In support of the application, the applicant submits  demographic  data  for
officer promotion to LTC for Air Force members with a break in service,  and
LTC selection results for his IPZ and APZ boards.  The applicant's  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates that the applicant was released from service on 1 March  1991  and
returned on 3 October 1996.  Based on his break in service his Total  Active
Federal Service Date was adjusted to 9 February  1988.   He  was  integrated
into the Regular Air Force on 1 September 1998 in the grade of  Major.   The
following is a resume of his Officer Performance Report  ratings  commencing
with the report closing 28 February 1990.





PERIOD ENDING    PERFORMANCE STANDARDS

28 Feb 1990 (Capt)           Meets Standards (MS)
30 Mar 1991            MS
*2 Oct 1996      AF Form 77
17 Mar 1997            MS
02 Jan 1998            MS
31 Dec 1998 (Major)          Education/Training Report
31 Dec 1999            MS
31 Dec 2000            MS
4 Jun 2001             MS
#4 Jun 2002  (1st Board)                MS
**8 Apr 2003 (2nd Board)                MS
01 Mar 2004            MS

Note: * - Documents break-in-service.

            # - Top report on file at the CY02B Lieutenant Colonel
                 Selection Board, which convened on 12 Nov 2002.

            ** - Top report on file at CY 03A Central Lieutenant Colonel
                 Selection Board, which convened on 8 Jul 2003.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.
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AIR FORCE EVALUATION:

HQ  AFPC/DPPPO  recommends  denial.   DPPPO  notes  the  applicant  had  two
nonselections to the grade of lieutenant colonel.   Based  on  the  member’s
application, DPPPO states they cannot determine which is the specific  error
the member is trying to correct in his record, but assume the  applicant  is
referring to his nonselection for promotion as a  result  of  his  break  in
service.  DPPPO states the board members took into consideration  a  variety
of  factors   to   include   job   performance,   leadership,   professional
development, depth and breadth of experience, job  responsibility,  specific
achievements, as  well  as  the  applicant’s  letter  to  the  P0502B  board
president explaining the reason for his break in service.  DPPPO opines  the
Air Force has many officers, who for a variety of reasons do  not  follow  a
typical career path; however, many of these officers progress  and  do  very
well when meeting promotion boards.  DPPPO concludes the applicant’s  record
does  not  warrant  direct  promotion,  nor  does  it  warrant  further  SSB
consideration.  DPPPO’s evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  AF  evaluation  and  disagreed   with   their
assessment of his  case.   He  reiterated  and  elaborated  on  his  initial
arguments.  In support of his request, the  applicant  faxed  a  copy  of  a
letter from his senior rater on report ending 8 April 2003, and a copy of  a
letter from his rater on reports ending 4 June 2002 and 8 April  2003.   The
applicant’s response and additional documents are at Exhibit E.

_________________________________________________________________

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 probable error or injustice.  After a thorough  review  of  the
evidence of record  and  the  applicant’s  submission,  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.  The applicant  feels  his  four  and  one-half  year
break in service was the reason  for  his  not  being  selected  during  the
promotion process.  However, we do not  believe  the  applicant’s  voluntary
decisions to seek separation for personal reasons and to return to  the  Air
Force some years later warrant approval of extraordinary relief in the  form
of a direct promotion.   It  should  be  noted  that  he  was  selected  for
promotion to the grade of major by  the  board  that  reviewed  his  record,
which included his  break  in  service.   Additionally,  the  applicant  had
accrued seven OPRs by the time he was  first  considered  for  promotion  to
lieutenant colonel.  Hence, it is our opinion the selection  boards  had  at
their disposal an adequate record on  which  to  base  their  determinations
concerning his promotability in relation to  his  peers.   In  view  of  the
above and in the absence of evidence by the  applicant  showing  the  record
reviewed by the CY 02B and CY 03A Lieutenant Colonel  Selection  Boards  was
erroneous or inaccurate, 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 issues 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 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-2004-
01079 in Executive Session on 28 October 2004, under the provisions  of  AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Martha A. Maust, Member
                 Mr. Michael J. Maglio, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 29 Mar 04, w/attachments.
      Exhibit B.  Applicant's Master Personnel Records.
       Exhibit  C.  Letter,  HQ  AFPC/DPPPO,  dated  30   Jun   04,
w/attachments.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.




                                   RICHARD A. PETERSON
                                   Panel Chair