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AF | BCMR | CY2004 | BC-2004-01264
Original file (BC-2004-01264.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01264
            INDEX CODE 131.03
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In reviewing his performance reports while writing his  biography,  he
was convinced he was erroneously passed over for promotion to colonel.
 His reports were either outstanding or  superior  from  1964  to  his
retirement in 1972.  He does not believe his records went  before  the
promotion boards on several occasions.  This was a  gross  miscarriage
of justice.  He was not aware until recently  he  had  an  avenue  for
filing a complaint.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant had enlisted time from 15 Jun 43 until 7 Sep 44, when he
was honorably discharged to accept a commission.  He was  commissioned
a 2nd lieutenant and entered active duty on 8 Sep  44.   He  held  the
temporary grade of lieutenant colonel with a date of rank (DOR) of  19
Mar 62 and the permanent grade of lieutenant colonel with a DOR  of  1
Aug 64.

Based on  these  DORs,  HQ  AFPC/DPPPO  advised  in  their  evaluation
(Exhibit C) the applicant was eligible to  meet  promotion  boards  to
colonel beginning in Jul 65 (temporary) and May 67 (permanent).

The applicant’s Officer Effectiveness Reports (OERs) are  provided  at
Exhibit B.  His last assignment was  squadron  commander  of  the  556
Reconnaissance Squadron at Yokota  AB,  Japan.   The  Selection  Board
Secretariat dates for the temporary/permanent colonel promotion boards
that convened from 26 Jul 65 through 15 May 72 are stamped on the  top
OERs of the selection records that met those boards.  Of the  11  OERs
covering the applicant’s performance as a  lieutenant  colonel,  three
have the highest ratings in both Section V,  Overall  Evaluation,  and
Section VI, Promotion Potential.  The majority of  the  OERs  covering
his career do not have “firewalled” Rating Factors in Section III.

The applicant retired in the grade of lieutenant colonel on  1 Nov  72
after 29 years, 4 months and 16 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO advises the applicant’s OERs reflect he  met  continuous
temporary/permanent promotion boards and there  is  no  indication  he
missed any colonel promotion boards.  The  primary  objective  of  the
temporary  promotion  program  was  to  meet  authorized   Air   Force
requirements for active duty officers in specific  grades.   Temporary
promotions were made to serve the best interests of the Air Force, not
individual officers.  Thus an  officer  was  not  promoted  under  the
program merely to fill an authorized quota or to “reward” him for long
and faithful service.   Officers  selected  for  promotion  must  have
demonstrated by their performance (as shown in  their  records)  that,
beyond a reasonable doubt, they were capable of performing the  duties
and assuming the responsibilities of a higher  grade.   The  applicant
has not provided evidence indicating he missed  promotion  boards  for
consideration to colonel.  His records are well documented  and  there
is no indication, based on his DORs as a lieutenant colonel,  that  he
missed any promotion boards to colonel, either temporary or permanent.
 Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  takes  great  exception  to  the   advisory   opinion,
particularly to the  rank  of  the  author.   He  disagrees  with  the
advisory’s statement that  promotions  were  not  made  to  reward  an
outstanding officer or to fill an authorized quota.   He  believes  he
demonstrated beyond a reasonable doubt he should have  been  promoted.
He  does  not  believe  the  advisory  author  wrote,  or  read,   the
evaluation.  The applicant asserts he would  have  fired  one  of  his
officers on the spot if a signed piece of paper  like  that  had  been
brought to him.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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  the  applicant’s  submission,  we  are  not
persuaded he  should  be  promoted  to  the  grade  of  colonel.   The
applicant  appears  to  believe  he  could  not  possibly  have   been
considered for promotion to colonel because, if he had been, he  would
have been selected.  However, his assertions  have  not  overcome  the
reality reflected in his own records.  The Selection Board Secretarial
dates stamped on the applicant’s performance  reports  reveal  he  met
continuous temporary colonel promotion boards from 26 Jul  65  through
15 May 72 and continuous permanent colonel promotion  boards  from  26
Jun 67 through 24 Apr 72.   Competition  for  the  limited  number  of
colonel slots is extremely intense and  many  good  officers  are  not
selected.  The applicant is entitled  to  his  opinion,  but  that  is
insufficient to compel us  to  set  aside  the  decisions  of  several
promotion boards, which were much  better  positioned  to  assess  the
competition at the time.  In view of the above and  absent  persuasive
evidence to the contrary, the applicant  has  failed  to  sustain  his
burden of having suffered either an error or an injustice.  Therefore,
we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 22 September 2004 under the provisions of AFI 36-
2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Martha J. Evans, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-01264 was considered:

   Exhibit A.  DD Form 149, dated 15 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 12 Aug 04.
   Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.
   Exhibit E.  Letter, Applicant, dated 29 Aug 04.




                                   ROBERT S. BOYD
                                   Panel Chair

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