RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03580
            INDEX CODE:  131.01, 100.07

            COUNSEL:  DAVID PRICE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated into the Air National Guard (ANG)  in  the  grade  of
major, his attempt to complete Air Command and  Staff  College  (ACSC)
either be waived or he be allowed to complete it, and he  be  eligible
for a Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He initially enrolled in ACSC  Course  ID  00036,  as  a  captain,  on
5 October 1990.  As a major, he enrolled again  on  3  December  1993,
ACSC ID 00035.  The course was cancelled  effective  8 December  1994,
due to non-completion of the program within the enrollment period as a
result of the squadron’s operational commitments.  He again reenrolled
on 17 April 1997.  The course was cancelled effective 19 October 1998,
due to non-completion of the program  within  the  enrollment  period,
again as a result of the squadron’s operational  commitments.   On  10
March  1999,  he  was  notified  he   was   eligible   for   promotion
consideration to the grade of lieutenant colonel by  the  fiscal  year
2000 (FY00) Lieutenant Colonel Selection board.  The Board convened on
7 June 1999 and on 1 September 2000,  he  was  notified  of  his  non-
selection for promotion.  He re-enrolled in ACSC on  1  December  1999
but the course was cancelled by the unit training manager as applicant
had been signed up for Squadron Officer School (SOS)  by  mistake  and
without his knowledge.  On 21 March  2000,  he  was  notified  he  was
eligible for promotion consideration by the  FY01  Lieutenant  Colonel
Selection Board.  On 10  June  2000,  he  was  notified  he  had  been
selected for continued retention in the New Jersey ANG (NJANG) by  the
selective retention board.  On  11  June  2000,  he  provided  written
communication  to  the  FY01   Selection   Board   high-lighting   his
significant accomplishments for their  consideration.   The  Selection
Board convened on 20 July 2000.  The unit training manager re-enrolled
him in ACSC effective 20 July 2000.   On  29 September  2000,  he  was
notified he had not been selected by the promotion board.  He  applied
for transfer to the Retired Reserve on 23 February 2001.  As  he  lost
his military membership, he was no longer allowed  to  participate  in
his military  technician  position  and  he  was  relieved  from  that
position on  8 March  2001.   On  20  March  2001,  he  was  honorably
discharged and transferred to the Retired Reserve awaiting Retired pay
at age 60.  He contends he was not able to complete ACSC  as  required
professional military education (PME) to be  considered  eligible  for
promotion to the grade of lieutenant colonel due to  operations  tempo
and errors made during the administration  of  the  ACSC  course.   He
notes attachment 22 wherein he provides an  affidavit  that  shows  in
detail all his duties and additional  duties  during  the  time  frame
indicated.  As he was passed over twice for promotion he was forced to
retire  militarily  and  consequently  lost  his  military  technician
position as a result.

In support of his appeal, the applicant has provided a statement  from
counsel and several attachments.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant, a retired member of the NJANG, began his  military  service
on 19 November 1976.  He was progressively promoted to  the  grade  of
major with an effective and date of rank (DOR) of  12 July  1993.   He
initially signed up to  take  Course  00036,  Air  Command  and  Staff
College Associate Program Seminar on 17  May  1991.   The  course  was
cancelled on 20 February 1992 due to course failure.   On  3  December
1993, he began course 00035, Air Command and Staff  College  Associate
Program Correspondence.  Course 00035 was cancelled on 8 December 1994
for non-completion of the program within the  enrollment  time  frame.
On 17 April 1997, he signed up for Course 00037, Air Command and Staff
College Multimedia Correspondence Program.  Course 00037 was cancelled
effective 19 October 1998 for non-completion of the program within the
enrollment time frame.

On 10 March 1999, he was notified he would be  meeting  the  FY00  ANG
Line and Health Professions Lieutenant Colonel  Selection  Board  that
was to convene on 7 June 1999.  On 1 September 1999, he  was  notified
of his non selection for promotion by the FY00 Board.  On  19  October
1999, he again  signed  up  for  Course  00037  but  that  course  was
cancelled on  30 November  1999  per  request  from  student  or  unit
Education Manager.  On 1 December 1999, it appears he  was  mistakenly
enrolled in Course 00024, SOS Nonresident Program and  was  eventually
disenrolled on 25 May 2000.

On 21 March 2000, he was notified he would be considered for promotion
by the FY01 Reserve of the  Air  Force  Line  and  Health  Professions
Captain and Lieutenant Colonel Promotion Selection Boards that was  to
convene on 19 June 2000.  On 10 June 2000, he was notified by  the  NJ
State HQ of his selection by  the  NJANG  Selective  Retention  Review
Board to continue his membership in the NJANG.

On 20 July 2000, he was enrolled in  Course  00030,  Air  Command  and
Staff College Multimedia Correspondence Program.  On 23 January  2002,
he was disenrolled and the course was cancelled for non-completion  of
the program within the enrollment time frame.  On 29  September  2000,
he was notified of his  non  selection  to  the  grade  of  lieutenant
colonel by the FY01 Board.  Additionally, because he was considered  a
two-time passover for promotion to lieutenant colonel, he was notified
he would be retired as required by law effective 1 April 2001.   On  8
March 2001, he was honorably discharged from the  NJANG  effective  30
March 2001 and transferred in-grade to the Retired Reserves  effective
1 April 2001.  His technician  employment  termination  was  effective
2 April 2001 based on his loss of military membership  in  the  NJANG.
He served a total of 23 years,  7  months,  and  4  days  of  combined
Reserve and Regular Air Force service for pay.

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AIR FORCE EVALUATION:

NGB/A1POF recommends denial.  A1POF states enrollees of ACSC are given
18 months to complete the course.  He was disenrolled three times  due
to non-participation.  His citing  of  operations  tempo  as  a  major
determinate in his not completing ACSC, A1POF notes the  NJANG  had  a
total of three major mobilizations for deployment.  His supervisor has
noted he gave the applicant encouragement to finish  the  PME  and  to
work on it at home or while at work and to take any time he needed  to
complete his studies.  A1POF notes another major at the time,  also  a
pilot, performed several additional duties in addition to flying  with
the unit and he was able to finish ACSC in spite of  operations  tempo
and the additional duties.

A1POF’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel contends the ANG comments in paragraph A of their advisory are
inaccurate.  Counsel states the applicant  was  disenrolled  for  non-
participation two times and not three.  The third enrollment  occurred
on 19 October 1999 and was cancelled  on  30  November  1999,  by  the
Squadron Training Officer due to incorrect/defective course  material.
He was reenrolled at the request of the Training Officer  on  20  July
2000.  He did not complete the training because of his retirement from
military service effective 1 April 2001.  Thus, he had no control over
the removal from the course.  Further,  and  due  to  difficulties  he
experienced completing past ACSC courses, he requested attendance  in-
residence.  This request was turned down  because  of  the  Squadron’s
commitments and their non-willingness to support the requirement he be
in a military status for the duration of the course.   Counsel  states
any comments made by his squadron commander regarding the  applicant’s
participation in the ACSC course would be based upon minimal  personal
knowledge of the facts in this case and thus  mere  speculation.   The
NGB has provided no evidence in their advisory to  dispute  the  facts
explaining the reasons for his disenrollments.

Counsel states the applicant rebuts the ANG comments in paragraph B of
their advisory regarding any encouragement he received including those
to use whatever time he needed to complete his studies.  The  Squadron
commander in question  had  only  supervised  the  applicant  for  one
reporting period from 1 December  1995  to  November  1996.   Further,
there is no evidence presented to show the commander in question  ever
was the applicant’s military performance rater.  Therefore,  he  would
have little to no understanding or  input  regarding  the  applicant’s
work requirements.

Paragraph C of the advisory’s attempt to compare  the  applicant  with
another member of the unit  in  a  similar  situation  is  unfair  and
without merit.   The  particular  member  was  never  the  applicant’s
supervisor and his duties and responsibilities at the time  were  far-
removed from the applicants.  Any statement by the  particular  member
regarding the applicant’s participation in the ACSC  course  would  be
based on minimal personal knowledge of the facts in this case.

Applicant’s complete evaluation is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the  opinion  and  recommendation  of  the  Air
National  Guard  office  of  primary  responsibility  and  adopt   its
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  It  appears  the  applicant
had an appropriate amount of time to complete at least one of the ACSC
courses he enrolled in.  Notwithstanding operations tempo, mistakes by
unit training managers, or the actual  amount  of  times  he  did  not
complete the course within the time  frame  allowed,  we  are  of  the
opinion  the  responsibility  for  completing  Professional   Military
Education (PME), especially in light of  promotion  eligibility,  lies
solely with  the  military  member.   Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  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-
2005-03580 in Executive Session on 16 May 2006, under  the  provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Nov 05, w/atchs.
    Exhibit B.  Letter, NGB/A1POF, dated 7 Mar 06.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Mar 06.
    Exhibit D.  Letter, Counsel, dated 7 Apr 06.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair