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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