RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2004-03683
                                       INDEX CODE:  131.01
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  7 June 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His two nonselections to lieutenant colonel be  removed;  he  be  granted  a
waiver of date of rank provisions  to  allow  sufficient  time  to  build  a
competitive record; he be considered for promotion by  supplemental  boards;
and his retirement date be changed if he is selected for promotion.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not given a fair look in-the-promotion-zone (IPZ) based on  his  date
of rank (DOR) and the fact that he only had one officer  performance  report
as an active duty chaplain in his record.

In support of his application, he provided a personal statement  and  copies
of documents associated with the  events  cited  in  his  contentions.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 January  1965,  the  applicant  was  appointed  a  second  lieutenant,
Reserve of the Air Force.  He was voluntarily  ordered  to  extended  active
duty in that grade, effective 6 January 1968.  He was  integrated  into  the
Regular Air Force on 8 January 1970, and was progressively promoted  to  the
permanent grade of captain, with a date of rank of 1 June 1975  and  to  the
temporary grade of major, effective 1 March 1978 and with a date of rank  of
5 June 1977.  He was selected for  promotion  to  the  grade  of  lieutenant
colonel by the CY 1981  Lieutenant  Colonel  Selection  Board  with  a  line
number which would have been effective on 1 July 1982.  On  17  March  1981,
the Secretary of the Air Force accepted his resignation  and  directed  that
the  applicant  be  honorably  discharged.   The  applicant  was   honorably
discharged from all appointments on 15 August 1981, having served 13  years,
7 months and 10 days on active duty.

On 16 August 1981, the applicant was appointed a major, Reserve of  the  Air
Force.  He was assigned to the Nonaffiliated Reserve  Section  and  from  26
September 1983 to 5 February 1987,  to  the  Inactive  Status  List  Reserve
Section.

In the meantime, the applicant was ordained in the Roman Catholic Church  on
7 June 1986.  On 6 February 1987, he  was  appointed  a  Captain  (Chaplain)
Reserve of the Air Force.  Based on  allowable  service  credit,  his  Total
Years Service Date (TYSD) was established as 27 January 1965  An  ARPC  Form
0-179, Grade Determination Worksheet Service  Credit  (DOPMA),  prepared  on
12 March 1987, shows that the applicant was entitled to 11 years and 5  days
of creditable prior commissioned service and no  credit  for  experience  or
education since the allowable credit for appointment grade was less  than  7
years per AFR 36-15, Table 2-4, Rule 2.  Based on this computation,  he  was
entitled to be appointed a Chaplain  in  the  grade  of  captain  (7  years’
minimum service credit required  for  grade  awarded).   He  was  thereafter
assigned to a Ready Reserve assignment  and  was  promoted  to  the  Reserve
grade of major, effective 1 February 1990.  The following  is  a  resume  of
the Non-EAD Officer Effectiveness/Performance Report  (OER/OPR)  ratings  he
received during this period.

      PERIOD ENDING    PERFORMANCE RATING

       5 Feb 1988 (OER)            1-1-X
      30 Nov 1988 (OPR)      Meets Standards (MS)
      30 Nov 1990                  MS
      29 May 1991                  MS

Pursuant to an invitation issued by the  Chief  of  Chaplains  on  27 August
1990, the applicant applied and was accepted for entry on  active  duty,  in
the grade of major, effective 21 June 1991.  In an AFMPC Form  282,  Service
Data Computation Worksheet (Corrected Copy), prepared on 18 September  1991,
the applicant was granted 5 years, 2 months and 23 days of  service  credit,
which was used to backdate his current grade  date  of  rank  (CGDOR)  as  a
major upon entry on extended active duty.  As  a  result,  a  date  of  rank
28 March 1986 was established.

The following is a resume of his OPR ratings  subsequent  to  his  entry  on
extended active duty during this period.

      PERIOD ENDING    PERFORMANCE RATING

      20 Jun 1992                  MS
      13 Jun 1993                  MS
      13 Jun 1994                  MS

The applicant was considered and not selected for promotion by the  CY  1992
(16 November  1992)  and  CY  1994  (11  October  1994)  lieutenant  colonel
selection boards.  Based  on  this  fact,  he  was  notified  that  the  law
required his separation no later than 31 May 1995 and that, as an  exception
to policy, he was eligible to elect to retire  under  the  Early  Retirement
Program.

On 18 February  1993,  the  Board  considered  and  denied  the  applicant’s
request that his line number  for  promotion  to  the  grade  of  lieutenant
colonel by the CY 1981 selection board be restored and  he  be  promoted  to
that grade, effective 21 June 1991 or other appropriate  date,  and,  he  be
reinstated on active duty (Exhibit C).

Based on his 20 December 1994 application, on 30 June  1995,  the  applicant
was relieved from active duty and retired, effective 1 July  1995.   He  was
credited with 17 years, 9 months and 17 days of active duty service  and  30
years, 5 months and 4 days of service for pay.

In view of a shortage of Catholic Chaplains, upon retirement, the  applicant
was recalled to active duty under the provisions of 10 USC 688.  The  Orders
which provided for this action indicated that the applicant would revert  to
retired status on 1 July 1998.  This date has  since  been  extended  to  30
September 2007.

On 1 September 1998, the  Board  reconsidered  and  denied  the  applicant’s
request for promotion to the grade of lieutenant colonel effective  30  June
1995 (Exhibit D).  On 19 June 2001, the  Board  considered  and  denied  the
applicant’s request to change his DOR to 1 February 1990; his 30  June  1995
retirement be voided; and promotion to the grade of lieutenant colonel  with
a DOR of 1 January 1998, or as an alternative, his records be considered  by
Special Selection Board (SSB) (Exhibit E).

Since his recall to extended active duty, the applicant  has  received  OPRs
closing 2 May 1996, 2 May 1997, 2 May 1998, 28 February  1999,  29  February
2000, 28 February 2002, 28 February 2003, and 29 February 2004, in which  he
was rated “Meets Standards.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  It is DPPPO’s opinion that the applicant  was
provided fair consideration for promotion IPZ.  DPPPO states  the  applicant
had the opportunity to write a letter to the board clarifying his  situation
or advising them of his promotion zone.  Since there are no changes  to  his
record, there are no grounds  for  the  applicant  to  meet  a  supplemental
board.  The DPPPO evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant strongly disagrees with the conclusion and logic of the  Air
Force advisory opinion. The advisory opinion concedes by inference that he
should have been listed as the senior IPZ chaplain on  the  29  July  1992
AFPC letter (Fact Sheet); however, they summarily dismiss the issue simply
because too much time has elapsed since the board to determine why he  was
not so listed.  He respectfully submits that a fair consideration  of  his
appeal should require, first and foremost, genuine concern for whether  he
was afforded a fair opportunity at promotion and not  simply  a  technical
review devoid of any true semblance of  fairness.   The  20 November  2000
AFPC/JA  memorandum  for  AFPC/DPPA,  indicates  an  acknowledgement  that
despite what may have  been  a  technically  correct  application  of  the
formula used to re-compute his DOR upon his re-entry  to  active  duty  in
1991, an unintended injustice  has  nevertheless  occurred.   It  is  that
injustice that he seeks the Board’s action to  correct.   The  applicant’s
rebuttal is at Exhibit H.

_________________________________________________________________

THE BOARD DETERMINES 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 probable error or injustice.  After reviewing the  evidence  of
record, a majority of the Board is not  persuaded  that  the  applicant  has
been the victim of an error  or  injustice.   It  is  the  Board  majority’s
opinion, based on the facts of this case, that the  applicant  has  received
fair and equitable consideration for promotion through the  selection  board
process.  The applicant has  not  provided  any  evidence  to  show  he  was
treated  differently  than  any  other  member  in   his   same   situation.
Therefore,  a  majority  of  the  Board  agrees   with   the   opinion   and
recommendation of the Air Force office of primary responsibility and  adopts
their conclusions as findings in the  case.   Accordingly,  the  applicant’s
request is not favorably considered.

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 issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 August 2005 and 12 September 2005,  under  the  provisions  of
AFI 36-2603:

            Mr. Gregory H. Petkoff, Panel Chair
            Ms. Jean A. Reynolds, Member
            Ms. Sharon B. Seymour, Member


By a majority vote, the Board recommended denial of  the  application.   Mr.
Petkoff voted to correct the record as requested but did not wish to  submit
a minority report.  The following documentary  evidence  for  AFBCMR  Docket
Number BC-2004-03683 was considered:

      Exhibit A.  DD Form 149, dated 24 Nov 04, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  ROP, AFBCMR Case BC-1992-01200, dated 14 Apr 93.
      Exhibit D.  Addendum to ROP, BC-1992-01200, dated 9 Oct 98.
      Exhibit E.  ROP, AFBCMR Case BC-2001-02919, dated 26 Jun 02.
      Exhibit F.  Letter, AFPC/DPPPO, dated 17 Feb 05.
      Exhibit G.  Letter, SAF/MRBR, dated 25 Feb 05.
      Exhibit H.  Applicant’s Rebuttal, dated 8 Mar 05.




                                  GREGORY H. PETKOFF
                                                   Panel Chair


AFBCMR BC-2004-03683


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXXXXXXXXXXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.



                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
                 Boards Agency