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AF | BCMR | CY2006 | BC-2005-02540
Original file (BC-2005-02540.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02540
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 15 Feb 07

________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grades of colonel and general.

________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the sensitive nature of his job, much of his  service  may  not  have
been recorded.

In  support  of  his  request,  applicant   provided   a   resume   of   his
accomplishments throughout his career as a fighter pilot and judge  advocate
which he believes may not have been recorded,  a  statement  from  a  former
subordinate, commendation letters and copies  of  newspaper  articles.   His
complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant entered military service  on  4  Jun  43.   He  was  progressively
promoted to the temporary grade of lieutenant colonel on 18 Oct 66  with  an
effective date of 21  Nov  66,  and  promoted  to  the  permanent  grade  of
lieutenant colonel on 9 Mar 71.  Applicant initially  served  as  a  Fighter
Pilot and then as a Staff Judge Advocate for 26 years.  On  30  Apr  81,  he
voluntarily retired for maximum years  of  service.   He  served  30  years,
10 months, and 8 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends the application be denied as untimely.  DPPP  states  a
review of his records reflects he met  continuous  Temporary  and  Permanent
Colonel Central Selection Boards from 10 May 71 through 27  Oct  80.   There
is no indication he was not
fairly considered for promotion.  A review of his Officer  Selection  Folder
indicates his duties were accurately reflected on his Officer  Effectiveness
Reports.

The DPPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to  the  Air  Force  evaluation,  applicant  provided  a  letter
reiterating his accomplishments throughout his career in the Air  Force  and
subsequent to his retirement from the Air Force.  In further support of  his
request, applicant provided  a  personal  statement,  additional  copies  of
documentation previously submitted, letters of appreciation, and  additional
newspaper articles.  His 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.   We thoroughly reviewed the  documentation
provided along with his appeal and the available evidence of record.   While
the applicant's records show that he served a distinctive and  distinguished
career, evidence has not been presented which would lead us  to  believe  he
did not receive full and  fair  consideration  for  promotion  by  the  duly
appointed promotion boards.  Notwithstanding  the  applicant's  contentions,
the Air Force office of primary responsibility notes,  and  we  agree,  that
his duties appear to be accurately reflected in his records.  Therefore,  we
adopt the Air Force's  rationale  as  basis  for  our  conclusion  that  the
applicant has not been the victim of an error or injustice.  In the  absence
of 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 AFBCMR Docket Number  BC-2005-
02540 in Executive Session on 28 Feb 06, under the  provisions  of  AFI  36-
2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Renee Collier, Member
      Ms. Josephine Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Aug 05, w/atchs.
    Exhibit B.  Letter, Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPP, dated 20 Dec 05.
    Exhibit D.  Letter, SAF/MRBC, dated 6 Jan 06.
    Exhibit E.  Letter, Applicant dated 23 Jan 06, w/atchs..
    Exhibit F.  Congressional Inquiry, dated 6 Feb 06, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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