RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2004-01387
                                  INDEX CODE:  131.00
                                  COUNSEL:  CAPTAIN LIZZI
                                  HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to  the  grade  of  colonel  (0-6)  with  all  back  pay  and
allowances and he be awarded the Korean War Service Medal  for  his  service
during the period 25 June 1950 through 27 July 1953.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1980 through 1982, he was eligible for  promotion  to  0-6  but  was  not
promoted.  He believes this is  an  error  and  that  he  should  have  been
promoted.  Upon additional research, he discovered that he did  not  receive
any Officer Evaluation Reports from 1978 through 1982.  In 1984, he  retired
at the mandatory age of 60.  In regard to the Korean War Service  Medal,  he
served during the authorized period and would like the medal to  be  awarded
to him.

In support of his request,  applicant  provides  a  personal  statement  and
copies of his Officer Effectiveness  Reports  for  the  period  beginning  1
September  1952  and  ending  30  September  1978.   His  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was a Reserve officer who, on 3 June  1979,  was  assigned  to
the  Retired  Reserve  Section  (maximum  service  allowed  for  his  grade)
awaiting Retired pay at age 60 (6 December 1984).   His  assignment  to  the
Retired Reserve Section was in the grade  of  lieutenant  colonel.   He  was
credited with 28 years of commissioned service and 26 years,  3  months  and
11  days  of  satisfactory  Federal  service.   His  last  recorded   active
participation was on 29 April 1978.

On 24 May 2004, after  a  review  of  his  military  personnel  record,  the
Separations Branch, determined the applicant was entitled to the Korean  War
Service Medal.

The following is a resume of the applicant’s Officer  Effectiveness  Reports
(OERs) in the grade of lieutenant colonel.

      PERIOD ENDING    OVERALL EVALUATION

       22 Sep 1972            7-2
       12 Oct 1973            8-3
 * 22 Nov 1974          9-4
 # 18 Feb 1977         2-2-3
** 30 Apr 1978         3-3-3

NOTE:

 * - Top report on file at the 4 August 1975 and the 4 October
     1976 Reserve Colonel Overall Vacancy Selection Boards.

 # - Top report on file at the 3 October 1977 Reserve Colonel
     Overall Vacancy Selection Board.

** - Top report on file at the 2 October 1978 Reserve Colonel
     Overall Vacancy Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB  recommends  the  application  be  denied.   DPB  states  that  the
applicant was considered but not selected for  promotion  to  the  grade  of
colonel by the USAFR Colonel  Overall  Vacancy  Boards  conducted  4  August
1975, 4 October 1976, 3 October 1977 and 2 October 1978.   By  law,  he  was
ineligible for any promotion consideration after the board that convened  on
2 October 1978.  Effective 3 June 1979, the applicant was no  longer  in  an
active status and could not participate, receive  OERs,  nor  be  considered
for promotion.  DPB states that in December  1984,  the  applicant  attained
age 60 and began drawing retired pay.

The ARPC/DPB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On behalf of the applicant, counsel states that the advisory  opinion  fails
to address the main issue of contention - evidence that anyone  looked  into
the fact that two (2) OERs were missing, and  the  effect  that  this  would
have on a promotion board.  The counsel’s letter 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  that  his
considerations for promotion to colonel or his retirement in  the  grade  of
lieutenant colonel were erroneous  or  unjust.   The  applicant  claims  two
performance reports were missing from  his  selection  record  when  he  was
considered for promotion.  His last performance  report  closed  out  on  30
April 1978 and the record indicates it was seen as the top  report  on  file
by the 2 October 1978 selection board.  The law mandated his  retirement  in
1979 and, therefore, he was not eligible to receive  additional  performance
reports or be considered for promotion by  later  boards,  as  he  seems  to
believe.  Other than his own  assertions,  the  applicant  has  provided  no
documentary evidence that would  lead  us  to  believe  that  the  selection
record placed before the four boards that considered him for  promotion  was
inaccurate or incomplete.  This being the case, we have no  basis  on  which
to favorably consider the applicant’s request for a direct promotion to  and
retirement in the grade of colonel.

4.  In regard to the  applicant's  request  for  the  award  of  the  Korean
Service Medal, we note that on 24 May 2004 the Air Force  Personnel  Center,
Separations Branch, corrected his  record  to  reflect  the  Korean  Service
Medal.   Therefore,  no  action  by  the  Board  on  this  portion  of   his
application is required.

5.  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  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 this application in  Executive
Session on 11 August 2004, under the provisions of AFI 36-2603:

           Mr. Thomas S. Markiewicz, Chair
           Ms. Martha A. Maust, Member
           Ms. Martha J. Evans, Member

The following documentary evidence related to  AFBCMR  Docket  No.  BC-2004-
01387 was considered:

     Exhibit A.  DD Form 149, dated 21 Apr 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 25 May 04.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 04.
     Exhibit E.  Letter, Counsel, dated 1 Jul 04.





                             THOMAS S. MARKIEWICZ
                                             Chair