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AF | BCMR | CY2011 | BC-2010-04565
Original file (BC-2010-04565.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-04565

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service records be corrected to reflect he was promoted to the  rank  of
captain with an effective date of 13 Jul 07.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was selected  for  promotion  to  captain;  however,  his  promotion  was
delayed due to an investigation  and  pending  court-martial.   He  was  not
court-martialed.  He did not commit and was not convicted of  any  crime  or
misconduct.

The evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to  this  application  are  contained  in  the
letter prepared by the appropriate office of the  Air  Force.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOO reviewed this application and  recommends  denial.   DPSOO  notes
the governing instruction states  commanders  question  promotion  when  the
preponderance of evidence shows the officer  is  not  mentally,  physically,
morally, or professionally qualified to perform the  duties  of  the  higher
grade.   Further,  early  identification   of   the   officer   and   proper
documentation are vital in taking promotion propriety action.  In  addition,
Air Force policy states that formal rules of evidence  do  not  apply  to  a
promotion propriety action. DPSOO further states based on all actions  taken
between April and December 2007, they believe the applicant would  not  have
been found qualified for promotion.  The applicant’s resignation in lieu  of
court-martial and his characterization of service were approved by SAFPC  as
UOTHC.  If he had been found qualified  by  the  commander,  the  case  file
would still be required to go to SECAF for final action.

The complete AFPC/DPSOO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on  4  Feb  11
for review and comment within 30 days.  As of this  date,  no  response  has
been received by this office (Exhibit D).

_________________________________________________________________

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.    After   careful   consideration   of
applicant's  request  and  the  available  evidence  of  record,   we   find
insufficient evidence of error or injustice to  warrant  corrective  action.
The facts and opinions stated in the advisory opinion appear to be based  on
the evidence of record and have not been adequately rebutted  by  applicant.
Absent persuasive evidence applicant was denied rights  to  which  entitled,
appropriate regulations were not followed,  or  appropriate  standards  were
not applied, we find no basis to disturb the existing record.

_________________________________________________________________

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-2010-
04565 in Executive Session on 4 Aug 11, under the  provisions  of  AFI  36-
2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Nov 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPCC/DPSOO, dated 24 Jan 11.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Feb 11.





                                 Panel Chair

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