RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01948
            INDEX CODE:  100.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be offered continuation in the grade of captain so that he may reach  the
sanctuary.

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APPLICANT CONTENDS THAT:

He was twice non-selected  for  promotion  to  the  grade  of  major  and  a
mandatory date of separation (DOS)  of  31  Aug  04  was  established.   The
mandatory DOS puts him 3  months  short  of  having  10  years  commissioned
service and he will be forced to retire in his former  enlisted  grade.   By
his calculations, this would cause him to lose almost  $90,000  over  a  10-
year period.  He believes he is in this situation  due  to  his  failing  to
complete Professional  Military  Education.   He  originally  chose  not  to
complete Squadron Officer School (SOS) and to retire; however, his  thinking
changed after his first nonselection and  be  became  aware  of  the  career
implications.  His wife passed away on Veteran's Day  2003.   He  is  now  a
single parent trying to provide a stable environment for his son.   He  does
not wish to move and disrupt his  son's  education  or  psychological  well-
being.

In support of his request, applicant  provided  a  personal  statement,  and
letters of  support.   His  complete  submission,  with  attachments  is  at
Exhibit A.

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STATEMENT OF FACTS:

Applicant served as an enlisted member from 27 Jul  83  through  17 Nov  94.
He was appointed a second lieutenant, Reserve of the Air Force on 17 Nov  94
and was voluntarily ordered to extended active duty on 18 Nov  94.   He  was
progressively promoted to the grade of captain, having  assumed  that  grade
effective and with a date of rank of 18 Nov 98.  He was considered  and  not
selected for promotion to the grade of major for  the  second  time  by  the
Calendar Year 2003B (CY03B), Central  Major  Selection  Board  and  was  not
selected for  continuation  by  the  CY03B  Captain  Selective  Continuation
Board.  As a result, a mandatory DOS of 31 Aug 04 was established.

He will have 10 years of total active federal  commissioned  service  on  18
Nov 04.  The mandatory DOS puts him 3 months short of eligibility to  retire
as an officer.  He has more than 20  years  total  active  federal  military
service and is eligible to retire as an enlisted  member  in  the  grade  of
technical sergeant.  After 30 years of service  (active  service  time  plus
time on the retired list) he may be advanced to the  highest  officer  grade
satisfactorily held on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states his  Air  Force  Specialty  Code
(AFSC)  42G,  did  not  meet  the  eligibility  criteria   established   for
continuation at the CY03B continuation board.   The  board  only  considered
Biomedical Science Corps officers in AFSC 42P, 43H, and  43P.   His  Officer
Selection Record reveals no derogatory data that would  have  prevented  him
from being selected for continuation.  The DPPPO evaluation  is  at  Exhibit
C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the evaluator looks strictly at  the  numbers  and  literal
interpretations of the regulations and  does  not  attempt  to  discern  the
intent of such regulations.  He believes the regulations  mean  to  identify
officers that are not progressing at what would normally  be  the  mid-point
of their career.  Even in such cases, exceptions are made for  the  good  of
the Air Force or for personal hardship.

This issue of not being able to retire as a captain  is  not  an  issue  for
those in the same career field that follow him, nor  has  it  been  for  his
predecessors.  He received career counseling and was told there would be  no
career repercussions if he was not interested in  being  promoted  to  major
and did not go to SOS.  It had not been an issue as long as he  would  reach
20 years and had 10 years commissioned service.  He served  with  honor  for
21 years and has always been an exemplary airman.  His complete response  is
at Exhibit E.

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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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however,  we  do  not
find his contentions  sufficiently  persuasive  to  override  the  rationale
expressed by the Air Force.  While we are not without sympathy  towards  the
applicant's circumstances, we do not believe that based on his proximity  to
reaching 10 years of total active federal commissioned service he  has  been
the victim of an injustice nor do we  find  evidence  that  he  was  treated
differently  from  similarly  situated  individuals.   We  note  that   upon
reaching 30 years of service, he will be advanced, for pay purposes, to  the
grade of captain.  Therefore, we agree with the opinion  and  recommendation
of the Air Force office of primary responsibility and adopt their  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  In the absence  of  persuasive  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  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2004-
01948 in Executive Session on 15 Jul 04, under the  provisions  of  AFI  36-
2603:

      Mr. David W. Mulgrew, Panel Chair
      Mr. James E. Short, Member
      Mr. Gary G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letter, Applicant, dated 23 Jun 04.




                                   DAVID W. MULGREW
                                   Panel Chair