RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00078
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her husband be promoted to the grade of lieutenant colonel (0-5).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She is not sure why her husband did not get promoted to
lieutenant colonel and would like his records looked at to see if
there could have been an error regarding his promotion. He was
awarded the Air Force Commendation Medal (AFCM) and the Bronze
Star Medal BSM.
In support of her request, the applicant provides a copy of a
physicians letter and a personal statement.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force and was
progressively promoted to the grade of major (0-4), having
assumed that grade effective and with a date of rank of 21 Dec
65. He retired on 30 Sep 74 after serving 20 years, 3 months,
and 23 days on active duty.
Additional 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 recommends denial. DPSOO states the application is
untimely and should be dismissed as untimely. Furthermore, after
a review of his records, it shows that he was fairly considered
for promotion to lieutenant colonel. DPSOO notes that there is
no evidence to show that there were any errors made by the
promotion board when her husband was not selected for promotion
to lieutenant colonel.
The DPSOO complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants spouse reiterates her original contentions;
however, she wants her husbands Officer Evaluation Report (OER)
examined to see why he would be promoted to major below-the-zone
and then passed over on his first time eligible for lieutenant
colonel. He completed the required professional military
education, and as stated earlier, was awarded the BSM. She also
requests she be provided a copy of his OER so she can try and
determine for herself why he was not promoted.
The applicants complete submission is at Exhibit E.
_________________________________________________________________
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 opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
service member has not been the victim of an error or injustice.
We note the applicants request to have her husbands OER
reviewed to find out why he was not promoted to lieutenant
colonel and also to be provided a copy of the OER. However, we
must point out that the burden of showing that a member is the
victim of an error or injustice rests with the applicant. As
such, the applicant has not provided sufficient evidence to show
that the service member was the victim of error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
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-2011-00078 in Executive Session on 9 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 2 Nov 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOO, dated 13 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 11.
Exhibit E. Letter, Applicant, dated 19 Jul 11.
Panel Chair
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