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AF | BCMR | CY2004 | BC-2004-02538A
Original file (BC-2004-02538A.doc) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02538
            INDEX CODE:  135.05

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  1 JULY 2006



_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for  reconsideration,  he  requests  that  he  be
extended a sufficient amount of time to enable him to retire at the rank  of
06.

_________________________________________________________________

STATEMENT OF FACTS:

A similar appeal requesting reinstatement to active  reserve  status  for  a
period of one to seven years so  the  congressionally  authorized  promotion
board action was not circumvented was considered and denied by the Board  on
2 November 2004.  For an accounting of the facts and the  rationale  of  the
earlier  decision  by  the  Board,  see  the  Record  of  Proceedings,  with
attachments, at Exhibit F.

By letter, dated 20 January 2005, the  applicant  submitted  a  request  for
reconsideration, with attachments, contending that it was his  understanding
that one reason he was  not  continued  at  rank  was  because  he  was  not
directly in support  of  the  global  war  on  terrorism.   To  support  his
contention, the applicant provided a personal  statement,  copies  of  Leave
and Earnings Statements, from 24 Oct 01 to 18 Dec  02;  a  copy  of  Partial
Mobilization orders, dated 25 October 2001;  copies  of  award  certificates
and updated record form, hostile pay stubs, and travel  vouchers  from  duty
in the area of operation (AOR).

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

On 1 March 2005, through his member  of  Congress,  applicant  submitted  an
additional statement for the Board’s review (Exhibit H).

_________________________________________________________________





THE BOARD CONCLUDES THAT:

1.  After again reviewing this application  and  the  evidence  provided  in
support of the appeal, we found no evidence that  the  established  MSD  was
contrary to the governing instruction and policies which implement  the  law
in effect at  that  time.   These  same  policies  govern  others  who  were
similarly situated and we know of no other provisions in the law  to  extend
the applicant’s MSD.  The personal sacrifice the  applicant  contributed  to
his country is noted and our decision in no way diminishes the  high  regard
we have for his service; however, we found no evidence which would  persuade
us to amend our earlier decision that the applicant has  failed  to  sustain
his burden of having suffered either an error or injustice.   Therefore,  in
the absence of persuasive evidence to the contrary, we  find  no  compelling
basis to recommend granting the relief sought in this application.

2.  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 this application in  Executive
Session on 17 May 2005, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

      Exhibit F.  Record of Proceedings, dated 19 November 2004,
                with Exhibits.
      Exhibit G.  Letter, Applicant, dated 20 Jan 05,
                with attachments.
      Exhibit H.  Letter, Member of Congress, dated 2 Feb 05,
                with attachments.




                                   RICHARD A. PETERSON
                                   Panel Chair

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