RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03598
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  27 MARCH 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  that  he  was  retired  in  the  grade  of
colonel (0-6), rather than lieutenant colonel (0-5).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to the grade of colonel by Reserve Order BA-2023,  dated  22
March 1993.  He  served  in  the  grade  of  colonel  until  he  received  a
revocation order dated 6 April 1993.  He was  told,  and  believed  in  good
conscience, that at the time of his retirement he would be  retired  at  the
grade of colonel because he served in that grade for a minimum of  one  day.
He did  not  decline  the  promotion  and  he  never  signed  a  declination
statement.   He  has  made  numerous  efforts  to  obtain  a  copy  of   the
declination statement, and was told by every agency that there  is  no  such
statement in his records.  He was informed that the reason he had to  assume
the grade of lieutenant colonel was because the position he occupied was  an
0-5 position and that he could not be overgraded  in  that  slot.   When  he
applied for retirement in 2002, he was informed he would be retired  in  the
grade of 0-5.

He was promoted to 0-6 twice.  The  first  time  was  the  FY  92  Selection
Board.  He declined this promotion with Declination Statement  of  14  March
1992.  The second time he was promoted to 0-6 was  Selection  Board  FY  93.
By authority of that order, he served in the grade of colonel until  he  was
told he had to revert to the rank of lieutenant  colonel  due  to  overgrade
considerations but would be retired at the grade of 0-6 since that  was  the
highest grade held.  When he learned that ARPC intended  to  retire  him  at
the grade of 0-5, he asked repeatedly that a closer review  of  his  records
be carried out to reach the proper decision.  He has explored several  other
avenues to try and have his record corrected, and was instructed  to  submit
this application.  He has served his country for 30-plus years.   He  served
in Vietnam, Panama, Desert Shield and Desert Storm.  He was promoted to  the
grade of colonel twice, and again asks that his records reflect  he  retired
as a colonel.

In support of the application, the applicant submits  a  copy  of  promotion
Reserve Order BA-2023, copies of a letter from his congressman’s office  and
a  letter  from  the  Air  Force  Office   of   Legislative   Liaison,   and
correspondence from HQ ARPC.  The complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates that the applicant’s Total Federal Commissioned  Service  Date  is
25 October 1966.  His service history indicates 30 years, 10 months  and  25
days of satisfactory Federal service as of 29 June 1997.  The applicant  was
currently  assigned  to  the  Retired  Reserve  Section  in  the  grade   of
lieutenant colonel and is drawing retired pay as of 29 June 2002.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends denial.   DPB  states  the  applicant  met  the  FY93
Colonel Overall Vacancy Selection Board and was selected  for  promotion  to
the grade of colonel.  A promotion order was  published  on  22  March  1993
with an effective date of rank of 22 March 1993.  In  April  1993,  the  Air
Reserve Personnel Center Promotion  Eligibility  Branch  received  a  letter
dated 15 March 1993 signed by  the  applicant  declining  the  promotion  to
colonel.  Upon receipt of the declination letter, the  promotion  order  was
revoked.

DPB states, in accordance with AFR 36-11, dated 1 February  1990,  paragraph
2-14, and AFR 360-11, dated  31  March  1992,  paragraph  1-1,  “An  officer
selected for promotion is considered  to  have  accepted  promotion  on  the
effective  date  of  promotion,  unless  the  officer   expressly   declines
promotion.  ...”  The applicant signed the declination letter  on  15  March
1993, prior to the effective date of promotion 22 March 1993.  Although  the
revocation  was  completed  after  the  effective  date  of  promotion,  the
applicant was not authorized to assume the grade since he had  declined  the
promotion prior to the effective date of promotion.  DPB notes there  is  no
documentation in the applicant’s record that he ever served in the grade  of
colonel.  DPB states under Reserve Officer Personal  Act  (ROPA),  in  order
for an Air Force Reserve member to retire  in  the  grade  of  colonel,  the
member must be promoted and serve satisfactorily as a colonel for  at  least
one day. The DPB evaluation, with attachment, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 7 January 2005.  As of  this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

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 probably error or injustice.  We have carefully considered  the
applicant’s submission and find it insufficient to  favorably  consider  the
applicant’s request for retirement in the grade of colonel (0-6).   We  note
the assessment of the applicant’s contentions by the  Air  Force  office  of
primary  responsibility.   Neither  does  the  record  reveal  nor  has  the
applicant provided any evidence to refute this assessment or  to  show  that
his retirement in the grade lieutenant colonel was improper or  contrary  to
the governing regulations and the law.  We therefore agree with the  opinion
and recommendation of HQ ARPC/DBP and adopt its rationale as the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  Accordingly, we find no 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  probable  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 25 May 2005, under the provisions of AFI 36-2603:

           Mr. Joseph G. Diamond, Panel Chair
           Mr. Michael J. Maglio, Member
           Mr. Charles E. Bennett, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-03598:

     Exhibit A.  DD Form 149, dated 12 Nov 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 4 Jan 05.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 05.






                                  JOSEPH G. DIAMOND
                                  Panel Chair