RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00069

		COUNSEL:  

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be promoted to the Reserve grade of colonel.

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APPLICANT CONTENDS THAT:

He was highly recommended for promotion to the rank of colonel, Air Force Reserve, by his supervisor and commanding officer, the former Director, Defense Intelligence Agency, in a Letter of Evaluation closing 30 Mar 78.

He was also highly recommended for promotion to the rank of colonel by his former Air Force Reserve supervisor and commander, the former Military Assistant to the Assistant Chief of Staff, Intelligence, in an Officer Effectiveness Report (OER) closing 30 Apr 78.

In support of his appeal, the applicant provided an expanded statement, copies of the LOE and OER, extracts from his military personnel records, and other documents associated with the matter under review.

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

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STATEMENT OF FACTS:

Available documentation indicates that the applicant, an Air Force Reserve officer, was relieved from his current assignment, assigned to the Retired Reserve, and his name was placed on the United States Air Force (USAF) Reserve Retired List on 8 Jul 79 in the grade of lieutenant colonel.  He retired in that grade effective 20 Aug 80.  He was credited with 30 years, 7 months, and 6 days of satisfactory Federal service for retirement.

AFPC/DPD indicated that the applicant was considered and nonselected for promotion to the grade of colonel on six different occasions.  He was last considered and nonselected for promotion to the grade of colonel by the Fiscal Year 1979 (FY79) Air Force Reserve Colonel Overall Vacancy Promotion Board.  When he was considered and nonselected by the board, his Officer Selection Record (OSR) contained the AF Form 77a (Letter of Evaluation) closing 30 Mar 78 and the AF Form 707 (Officer Effectiveness Report) closing 30 Apr 78 recommending him for promotion to the grade of colonel.

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AIR FORCE EVALUATION:

ARPC/DPB reviewed this application and recommended denial.  A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 30 Mar 01 for review and response (Exhibit C). 

By letter, dated 25 Apr 01, the applicant requested that his application be temporarily withdrawn (Exhibit D).

By application, dated 13 Aug 02, the applicant provided additional documentary evidence for the Board’s consideration, which is attached at Exhibit E.

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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 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.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number 01-00069 in Executive Session on 7 Nov 02, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Dec 00, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 16 Mar 01.
    Exhibit C.  Letter, SAF/MIBR, dated 30 Mar 01.
    Exhibit D.  Letter, applicant, dated 25 Apr 01.
    Exhibit E.  DD Form 149, dated 13 Aug 02, w/atchs.

                                   
                                   Panel Chair