RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02429
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Armed Forces of the United States Report of Transfer or Discharge, DD
Form 214, issued in conjunction with his 30 June 1968 release from active
duty, be amended to reflect that he was discharged on 9 May 1973, in the
grade of major.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
His records contain numerous errors and he was not discharged from all Air
Force appointments until 9 May 1973.
Applicant’s complete submissions, with attachments, are at Exhibits A
through C.
_________________________________________________________________
STATEMENT OF FACTS:
After being twice non-selected for promotion to the temporary grade of
major, by the Fiscal Year 1967 (FY67) (17 October 1966) and the FY68 (16
August 1967) selection boards, the applicant was released from extended
active duty (EAD) on 30 June 1968, and transferred to the Air Force
Reserve, Non-Affiliated Reserve Section (NARS), in the grade of captain.
He was promoted to the Reserve grade of major on 24 February 1969.
He was reassigned from NARS to the Inactive Status List Reserve Section
(ISLRS) on 9 April 1970.
Effective 9 May 1973, he was relieved from his assignment, HQ ARPC (ISLRS),
and honorably discharged from all appointments in the Air Force.
On 30 April 1969 and 15 October 1975, the Board considered and denied his
requests for direct promotion to the grade of major, as if selected by the
FY68 selection board, and reinstatement to active duty. He contended that
his promotion nonselection was a result of the omission of a required
Officer Evaluation Report (OER) from his record; however, the Board agreed
with the Air Force office of primary responsibility that in accordance with
the procedures in effect at the time of his promotion consideration, a
directed OER was not required since an OER closing 4 December 1966, had
been added to his selection folder subsequent to his first consideration by
the Fiscal Year 1967 selection board (BC-1969-00975).
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSS recommends the application be denied and states, in part, that
the applicant’s records are complete and correct according to the
regulations in effect at the time of his release and discharge.
The ARPC/DPPS evaluation, with attachments, is at Exhibit G.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
He was not discharged from all appointments in the Air Force until 9 May
1973. As such, he could not have been separated prior to that date.
Although he was twice non-selected for promotion to the temporary grade of
major, he was selected for permanent promotion to the grade of major on 24
February 1969. For this reason, he was not released from active duty on 30
June 1968, and incurred a service commitment of 2 March 1969.
Applicant’s complete responses, with attachments, are at Exhibits I through
L.
_________________________________________________________________
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 applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The office of primary
responsibility has adequately addressed applicant’s contentions and we
agree with their opinion and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden that he
has suffered from either an error or injustice. Hence, 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 Docket Number BC-2003-02429
in Executive Session on 19 February 2004, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Ms. Jean A. Reynolds, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. Letter, Applicant, dated 7 Jul 03, w/atchs.
Exhibit B. DD Form 149, dated 16 Jul 03, w/atchs.
Exhibit C. Letter, Applicant, dated 27 Jul 03, w/atchs.
Exhibit D. Applicant's Master Personnel Records.
Exhibit E. Letter, AFBCMR, dated 6 Nov 03.
Exhibit F. Letter, Applicant, dated 21 Nov 03, w/atchs.
Exhibit G. Letter, ARPC/DPSS, dated 3 Dec 03, w/atchs.
Exhibit H. Letter, SAF/MRBR, dated 19 Dec 03.
Exhibit I. Letter, Applicant, dated 5 Jan 04.
Exhibit J. Letter, Applicant, dated 6 Jan 04, w/atch.
Exhibit K. Letter, Applicant, dated 7 Jan 04, w/atchs.
Exhibit L. Letter, Applicant, dated 8 Jan 04.
VAUGHN E. SCHLUNZ
Panel Chair
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