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AF | BCMR | CY2005 | BC-2004-01777
Original file (BC-2004-01777.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01777
            INDEX CODE:  131.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his date of rank (DOR)  to  the
grade of captain was 1954 rather than 1955.

His date of rank for the grade of major be effective  the  date  of
the 1962 cycle.

He  be  promoted  to  the  permanent  rank  of  lieutenant  colonel
effective the date of the 1966 promotion cycle and he be retired in
that grade as of 1 October 1967.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His career was damaged beyond repair while undergoing  B-29  combat
crew training during the  first  lieutenant  to  captain  promotion
cycle  of  1954.   He  was  in  the  permanent  change  of  station
(PCS)/Pipeline status during training.  His records were  forwarded
to his new assignment, who had the responsibility  of  sending  his
records to the promotion board for consideration, they failed to do
so.

At a reunion in May 2003, he was informed by  classmates  who  were
similarly situated that following an investigation by the Inspector
General (HQ USAF/IG),  they  were  promoted  to  captain  with  the
adjusted date of rank.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the US Naval Reserve on 8 Jan 44 and  was
discharged on 1 Jun 47.   He  enlisted  in  the  US  Air  Force  on
26 Mar 49 and served until his commission on 11 May 50.  He entered
active duty in the grade of second lieutenant on 12 May 50.  He was
promoted to the temporary  grade  of  first  lieutenant  (USAF)  on
29 Nov 51; to the permanent grade of first  lieutenant  (USAFR)  on
17 Jun 53.  His promotion to the temporary grade of captain  (USAF)
was effective 12 Oct 55; and permanent grade of captain (USAFR)  on
10 Feb 56.  Applicant was promoted to the permanent grade of  major
(USAFR) on 12 May 64.

He retired in the grade of major on 1 Oct 67.   His  highest  grade
held on active duty was captain.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this  application  and  recommended  denial.
Applicant met the CY63 Temporary  Major  Promotion  Board  and  was
nonselected.  He was promoted to the grade of major on  12  May  64
and retired in the highest grade held, major.

He has not provided any evidence to support his contention that  he
should have been promoted by the 1954 captain cycle.  They  believe
the applicant met the eligibility criteria for promotion,  however,
there is no documentation available to  show  whether  he  met  the
board and was nonselected, whether he was  overlooked,  or  he  was
found not yet qualified for promotion.  In addition,  promotion  to
captain  was  not  automatic,  i.e.,  approximately  12,450   first
lieutenants were eligible for promotion to captain and  only  5,100
were promoted.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and disagrees in part
with the evaluation.   He  believes  because  he  did  not  receive
notification of his nonselection for promotion to  captain,  during
the 1954 captain’s cycle, proves to be the  best  evidence  he  was
overlooked and not considered for promotion for that board.

Applicant’s complete response, with attachments, 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   applicant's   complete
submission, we are not persuaded that his  assertions,  in  and  by
themselves, are sufficiently persuasive to override  the  rationale
provided by the Air Force.  The appropriate Air  Force  office  has
addressed the issues presented by  the  applicant  and  we  are  in
agreement with its opinion and recommendation.  Therefore, we adopt
the rationale expressed as the basis  for  our  decision  that  the
applicant has failed to  sustain  his  burden  of  having  suffered
either 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.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2004-01777 in Executive Session on 15 December 2004,  under  the
provisions of AFI 36-2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Ms. Deborah A. Erickson, Member
      Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 15 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.
    Exhibit E.  Letter, Applicant, dated 10 Nov 04, w/atchs.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair

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