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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