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AF | BCMR | CY2004 | BC-2004-01102
Original file (BC-2004-01102.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01102
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be offered 29 days  of  continuation  by  the  CY03B  Captain  Selective
Continuation Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  nonselection  for  continuation  by   the   CY03   Captain   Selective
Continuation Board has caused him to be involuntarily  separated  effective
31 August 2004.  This separation  date  is  less  than  one  month  shy  of
sanctuary or of having 18 years of total active Federal  military  service.
He has dedicated his entire life to diligently  and  faithfully  serve  his
country for the past 17 years.  He  participated  in  Desert  Shield/Desert
Storm, Operation Enduring Freedom and Operation Iraqi  Freedom.   He  would
consider it to be an injustice to not have the opportunity to  retire  with
20 years of service.

The  applicant  provides  no  supporting  documentation.   The  applicant’s
submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s Total Active Federal Military  Service  Date  was
established as 22 September 1986 based on eight  years  of  prior  enlisted
service.  Applicant’s Total Active Federal Commission Service  date  is  15
July 1994 and he is currently serving  on  active  duty  in  the  grade  of
captain, with a date of rank of 28 June 1998.  As of 10 May 2004,  the  PDS
reflects the applicant has two nonselections for promotion.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends the application be denied.   DPPPO  states  that  the
applicant’s  Air  Force  Specialty  Code  (AFSC)  21R  did  not  meet   the
eligibility criteria established for  continuation  at  the  CY03B  Captain
Selective Continuation Board.  The Secretary  of  the  Air  Force  did  not
identify his AFSC as critical to the needs of the Air Force for  retention.
The AFPC/DPPPO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submits a supporting letter from his commander who  indicates
he considers the applicant’s service to be invaluable as an instructor  for
the Air Force’s Logistics Training Center.  The commander advises that  his
squadron is currently undermanned and  by  losing  the  applicant  it  will
provide him with  an  operational  deficiency  in  implementing  Air  Force
training.  The applicant’s submission is at Exhibit D.

_________________________________________________________________

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 injustice.  The applicant believes he is the  victim  of  an
injustice based on his proximity to sanctuary.   However,  we  do  not  find
this contention sufficiently persuasive to override the rationale  expressed
by the Air  Force.   We  find  no  evidence  showing  that  the  applicant’s
established date of separation is contrary to governing policies.  While  we
are not unsympathetic to the applicant’s circumstances, in  the  absence  of
evidence  indicating  he  was  treated  differently  than  others  who   are
similarly situated, 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 not been the victim of  an
injustice.   Accordingly,  the  applicant’s   request   is   not   favorably
considered.

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  this  application  AFBCMR
Docket Number 04-01102 in Executive  Session  on  8  June  2004,  under  the
provisions of AFI 36-2603:

           Mr. Roscoe Hinton Jr, Panel Chair
           Mr. Garry G. Sauner, Member
           Mr. Grover L. Dunn, Member

The following documentary evidence was considered.

     Exhibit A.  DD Form 149, dated 30 Mar 04.
     Exhibit B.  Letter, AFPC/DPPPO, dated 21 Apr 04.
     Exhibit C.  Letter, SAF/MRBR, dated 30 Apr 04.
     Exhibit D.  Letter, Applicant, dated 6 May 04 w/atch.





                                  ROSCOE HINTON JR.
                                  Panel Chair

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