RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01331
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  22 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of colonel, Reserve of the Air Force.
_________________________________________________________________

APPLICANT CONTENDS THAT:

When discharged from active duty at  the  end  of  WWII,  he  was  not
awarded a terminal leave promotion prior to enlisting in  the  Reserve
as were others.  Thus, he was five years behind his contemporaries.

He was promoted to the  grade  of  major  under  the  Reserve  Officer
Personnel Act (ROPA).  In 1966, he was appointed to  a  position  that
would have given him a promotion to lieutenant colonel (O5);  however,
shortly thereafter  his  unit  was  deactivated.   After  serving  the
balance of his time in grade required by  ROPA,  he  was  promoted  to
lieutenant colonel in 1969.  The  colonel  (O6)  promotion  board  was
moved from December to January, just days after he had served 28 years
of commissioned service (the maximum years of service as an O5) and he
was retired as an O5 - an injustice  of  never  being  considered  for
promotion to O6.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the United States Army on 15 December  1942.
On 15 January 1944, he was appointed a  second  lieutenant,  Army  Air
Corps Reserve, and ordered to active duty.  His temporary promotion to
first lieutenant was effective  1 October  1944,  with  the  permanent
promotion, effective 21 September  1945.   On  15  October  1945,  the
applicant  was  relieved  from  active   duty   (demobilization)   and
transferred to the Army Air Corps Reserve.   He  was  serving  in  the
grade of first lieutenant and had completed a total of 11 months and 2
days of continental service and  9  months  and  29  days  of  foreign
service at the time of separation.

On  15  January  1953,  the  applicant  accepted  an  indefinite  term
appointment as a Reserve officer in the Air Force.  He was promoted to
the following Reserve grades:   captain,  effective  3 February  1955;
major, effective 3 February 1962; and, lieutenant colonel, effective 3
February 1969.

On 11 August 1971, the applicant was  notified  that,  on  14  January
1972, he would  have  completed  the  maximum  years  of  commissioned
service and of his option to be transferred to the Retired Reserve  or
discharged from his Reserve appointment.   On  20 December  1971,  the
applicant submitted  his  application  for  transfer  to  the  Retired
Reserve, effective 10 February 1972.   On  9  February  1972,  he  was
relieved from his Ready Reserve assignment in the grade of  lieutenant
colonel (O5) and assigned to the  Retired  Reserve  Section,  awaiting
pay,  effective  10 February  1972.   Effective  27  July  1983,   the
applicant was authorized retired pay per Title 10, USC, Sections  1331
and 1401, and his name was placed on the Retired List in the grade  of
O5.  He had completed a total of 25 years, 1  month  and  25  days  of
service per Title 10, USC, Section 1331.

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 the application be denied.  DPB states that the
applicant was not eligible for terminal leave promotion at the end  of
WWII or for unit vacancy promotion  in  1966.   Neither  did  he  meet
eligibility requirements for promotion consideration to colonel (O6).

DPB states that the AG 210.2 message, dated 17 October  1945,  granted
the authority to separation centers, points and bases  to  promote  to
the next higher grade effective  the  first  day  of  terminal  leave,
officers (other than regular Army) below the  grade  of  colonel,  who
were being relieved from active duty and met the  following  criteria:
(1) Had not been promoted since entry on active duty.  (2)  Had served
two years in grade in which ordered to active duty since 16  September
1940.  (3)  Had an efficiency index of 35 or more.

DPB indicates that the applicant  was  promoted  to  first  lieutenant
after entry on active duty and did not have two years  time  in  grade
when  released  from  active  duty.   His  efficiency  index  is   not
available.  He, therefore, did not meet the requirements for  terminal
leave promotion.  The applicant met time in grade requirements and was
promoted to the grade of captain on 3 February 1955 and to major on  3
February 1962.

DPB found no  documentation  the  applicant  was  assigned  to  an  O5
position or that he was nominated for a unit vacancy  promotion.   The
applicant was assigned to a major mobilization billet from the time of
his promotion to major until he was assigned to the Civil Air  Patrol,
11 July 1969.  While assigned to the major billet, he  was  ineligible
for vacancy promotion.  The applicant was promoted to O5 on 3 February
1969.  He would have been eligible to meet the O6 board that  convened
on 9 July 1972.  However, he transferred to the  retired  Reserves  on
10 February 1972, five months prior to the board convening date.

As to the allegation that he did not meet the O6  board  scheduled  to
convene in January 1972, DPB  states  USAFR  did  not  conduct  an  O6
promotion board in January 1972.  At this time,  O6  promotion  boards
were  conducted  in  early  July  of  each  year.   The  HQ   ARPC/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  applicant  on  27
May 2005 for review and response.  As of this date,  no  response  has
been received by this office (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 error or injustice.  After reviewing the evidence  of
record, we are unpersuaded that the applicant’s records are  in  error
or that he has been the victim of an injustice.  His  contentions  are
noted; however, in our opinion, the detailed comments provided by  the
appropriate Air Force office  adequately  address  those  allegations.
Therefore, we agree with the opinion and  recommendation  of  the  Air
Force and adopt the rationale expressed as the basis for our  decision
that the applicant has failed  to  sustain  his  burden  that  he  has
suffered either an error or an injustice.  In view of  the  above  and
absent evidence to  the  contrary,  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 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-2005-
01331 in Executive Session on 12 July 2005, under  the  provisions  of
AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. Frederick R. Beaman III, Member
                  Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Apr 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter,       HQ ARPC/DPB, dated 23 May 05, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair