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AF | BCMR | CY2007 | BC-2006-02740
Original file (BC-2006-02740.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02740
            INDEX CODE:


            HEARING DESIRED: YES




_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of captain with a date of rank (DOR) of  1
March 1977.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was a deliberate frequency of change of reporting official (CRO)
actions  taken  to  avoid  the  submission  of  a  controlled  officer
evaluation  report  (OER)  during  the   period   he   was   medically
disqualified from missile combat crew duty.  He  states  the  lack  of
OER’s created a gap in his  records  going  back  to  21 August  1974.
While the uniqueness of his situation may have warranted the avoidance
of writing an OER, there was no excuse  for  his  command  not  having
written mandatory Letters of Evaluation (LOE’s).  He  feels  the  July
1976  captain’s  board  did  not  have  a  complete  picture  of   his
performance as a lieutenant with which to make an informed decision on
his promotion potential.

In support of his appeal, the applicant has provided a portion of  Air
Force regulation (AFR) 31-3, AFBCMR, dated 21 October 1970, a copy  of
a DD Form 149, dated 17 December 1976, AFR  31-11,  dated  20  October
1975, several Air Force form 2096’s,  Assignment/Personnel  Action,  a
letter of evaluation, and a copy of  AF  Form  298-1,  Officer  Career
Brief.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned in the Regular Air Force on 22 March  1973.
He was progressively promoted to the grade of First  Lieutenant  (1Lt)
with a date of rank  of  1  march  1976.   He  was  not  selected  for
promotion to captain by the Fiscal Year 1977 (FY77B) Temporary Captain
Selection Board which convened on  19 July  1976.   According  to  the
applicant’s master records, the Board had for its review the following
documents:

                 TYPE                   FROM/THRU DATES       RATER

            Training Report    22 Mar 73 to 20 Apr 73   1Lt Walker
            OPR                     21 Apr 73  to  30  Nov  73    Capt
Snapp
            OPR                     01 Dec 73  to  31  Mar  74    Capt
Snapp
            OPR                     01 Apr 74 to 21 Aug 74   Capt Hay
            LOE                     22 Aug  74  to  11  Aug  75    LTC
Thompson
            Training Report    22 Aug 74 to 05 Feb 76   Capt Stuler

He was placed on the Temporary Disability Retired  List  (TDRL)  on  1
March 1977 and was permanently retired effective 30  July  1978  after
having served four years and one day of service for pay.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP recommends denial.  DPPPEP contends the application was
not submitted in a timely manner.  DPPPEP states while  the  applicant
claims he submitted an application to the AFBCMR  on  17  Dec  76  but
never received a confirmation of findings, there  is  no  evidence  he
followed up on his  original  case  in  the  ensuing  30-year  period.
Further, DPPPEP notes he did not file an appeal under  the  provisions
of  Air  Force  Instruction  (AFI)  36-2401,  Correcting  Officer  and
Enlisted Evaluation Reports, dated 20 Feb 04, within  the  last  three
years.  DPPPEP concedes  there  were  numerous  changes  in  reporting
officials; however, no procedural errors were found in the reports  on
file in his master personnel record  and,  based  on  the  information
available, DPPPEP concludes there were no gaps in his records when  he
met the FY77B Temporary Captains Selection Board in July 1976.   While
comments are not required on training reports and the  top  report  on
file during the board was a training report that  covered  the  period
between 22 Aug 74 and 5 Feb 76, no comments for that  length  of  time
could be construed as a gap in the record.  Officially, the record was
in compliance with the governing regulations and no gaps existed  when
the record met the board.

DPPPEP’s complete evaluation is at Exhibit C.

HQ AFPC/DPPPO recommends  denial.   DPPPO  notes  the  application  is
untimely.  DPPPO contends  although  there  are  numerous  changes  to
reporting officials, no procedural errors were found in the reports on
file in applicant’s master personnel record.  Further, DPPPO can  find
no gaps in the records that met the FY77B board.  Without any  changes
to his record, there is no  basis  to  approve  or  direct  a  Special
Selection Board (SSB) nor are there any grounds for a direct promotion
to captain.  DPPPO recommends the application be denied solely on  the
basis of its untimeliness.  The applicant’s 30-year delay  is  without
adequate justification and a  waiver  of  the  time  limitation  could
unreasonably  harm  the   government.    Therefore,   DPPPO   strongly
recommends the Board deny the application as untimely and  notes  that
they would have no recommendation should the  Board  decide  to  grant
relief to the applicant over their objection.

DPPPO’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
17 November 2006 for review and comment within 30 days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an error  or  injustice.   We  noted  the  many  changes  in
reporting officials; however, we could find no compelling evidence  to
support his contention there were gaps in his records that  negatively
represented his performance and caused the calendar year 1977B (CY77B)
Captains Board to not select him for  promotion.   Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

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  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2006-02740  in  Executive  Session  on  24  January  2007,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Janet I Hassan, Member
      Ms. Charlene M. Bradley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 1 Nov 06.
    Exhibit D.  Letter, AFPC/DPPPO, dated 3 Nov 06.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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