RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02252
            INDEX CODE:  129.01
            COUNSEL:  NONE
            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be granted time in service credit for the maximum time  allowed  for  his
grade of (major).

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APPLICANT CONTENDS THAT:

If he had been  promoted  to  major  (0-4)  on  time,  he  would  have  been
competitive for promotion to lieutenant colonel (0-5).  In addition, had  he
been selected for lieutenant colonel, he would have served longer (up to  28
years) in the higher grade.

In support of the application, the  applicant  submits  a  personal  letter,
copies  of  AFBCMR  BC-2007-00989,  his  amended   retirement   order,   two
nonselection letters, and his DD  Form  215,  Correction  to  DD  Form  214,
Certificate of Release or Discharge from Active Duty, and his DD Form 214.

The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired honorably from the Air Force in the  grade  of  major,
with an effective date and date of rank (DOR) of 1 Oct  95.   He  served  20
years and 18 days of active service for retirement.

He was granted a Special Selection Board (SSB) for the Calendar  Year  1994A
(CY04A) Major Central Selection Board (CSB) based on  the  decision  he  may
have been harmed by the equal  opportunity  (EO)  clause  contained  in  the
memorandum of Instruction (MOI) used at the original board (see  AFBCMR  BC-
2003-03400).  In addition, a Secretary  of  the  Air  Force  (SAF)  approved
modified selection method was  used  in  determining  selection/nonselection
status.

He met the 13 Sep 04 SSB which considered him for  promotion  by  the  CY94A
Major Line CSB and was selected for promotion effective and with a  date  of
rank (DOR) of 1 Oct 95.  Based on his DOR, he would have  been  eligible  to
meet the CY99A Lieutenant Colonel Line CSB.

He met the 9 Jan 06 SSB which considered him for promotion by the CY99A  and
CY99B lieutenant colonel boards and  he  was  nonselected  by  both  boards.
Based on his nonselection by the CY99B  lieutenant  colonel  board,  he  was
considered and selected for continuation to 24 years of active  commissioned
service but did  not  accept  continuation.   Based  on  his  selection  for
continuation, he was considered and nonselected for promotion by the  CY00A,
CY01B, CY02B and CY03A lieutenant colonel boards.

In AFBCMR BC-2007-00989, the applicant requested he be directly promoted  to
the grade of lieutenant colonel.  The Board denied his  request  and  agreed
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility.   Additionally,  the  Board  found  the  relief   previously
provided to the applicant was full and fitting.

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.

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AIR FORCE EVALUATION:

HQ AFPC/DPSOR recommends denial.   DPSOR states other than  a  copy  of  the
AFBCMR decision BC-2007-00989, the  only  new  documents  submitted  by  the
applicant are his DD Form 215 and the special order amending his  retirement
order which do not indicate  any  entitlement  to  time  in  service  credit
beyond the 20 years and 18 days the applicant served on  active  duty  prior
to his retirement.

The complete DPSOR evaluation is at Exhibit C.

HQ AFPC/DPSOO recommends denial.  DPSOO states at  the  time  the  applicant
was notified of  his  selection  for  promotion  to  major,  he  could  have
requested reinstatement to active duty in order  to  meet  the  active  duty
lieutenant colonel boards and accept continuation  to  24  years  of  active
commissioned service; however, he did not take action to  be  reinstated  to
active duty.

DPSOO notes there is no evidence to show had the applicant been promoted  on
time to major that he  would  have  been  promoted  on  time  to  lieutenant
colonel.

The complete DPSOO evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  11
Dec 09 and 9 Apr 10, for review and comment within  30  days.   As  of  this
date, this office has received no response (Exhibit D & F).

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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.   The  applicant’s  contentions  are  duly
noted; however, we note that he was offered the  opportunity  to  return  to
active duty to complete 24 years  of  service  but  chose  to  remain  in  a
“retired” status with a 20 year retirement.  Therefore, 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.   In
the absence of persuasive evidence to the contrary,  we  find  no  basis  to
recommend granting the relief sought in this application.

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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.

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The following members of the Board considered this application in  Executive
Session on 10 Jun 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-02252:

    Exhibit A.  DD Form 149, dated 12 Jul 09, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOR, dated 5 Nov 09.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Dec 09.
    Exhibit E.  Letter, HQ AFPC/DPSOO, dated 15 Mar 10.
    Exhibit F.  Letter, SAF/MRBR, dated 9 Apr 10.




                                   Panel Chair