RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00095

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be granted a terminal leave promotion to the grade of captain.

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APPLICANT CONTENDS THAT:

The very satisfactory efficiency report he received was unjust and prevented him from receiving a terminal leave promotion to the grade of captain.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The 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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Chief, Officer Promotion Section, AFPC/DPPPO, reviewed the applicant’s request and recommended denial because the member did not meet the eligibility requirements for terminal leave promotion to captain.  The terminal leave promotion eligibility requirements the applicant believes should have applied did not become effective until 13 Dec 45 which was after he was relieved from active duty.  On 19 Oct 45, terminal leave promotions were authorized for officers being separated and relieved from active duty, who did not receive a promotion while on active duty in their present grade, provided they served two (2) years in grade in which ordered to active duty and that they have an efficiency index of 35 or higher.  Since applicant was promoted to first lieutenant while he was on active duty, he is not entitled to a terminal leave promotion under these rules.  
It was not until 13 Dec 45, that terminal leave promotions were authorized for officers who had already been promoted while on active duty.  These officers were required to have served 18 months time-in-grade as a first lieutenant and to have attained a minimum efficiency index of 40.  Applicant was not on active duty when this change came into effect.

A review of the applicant’s record reflects he was twice recommended for promotion to captain and both times the applications were not acted upon.  In May 44, the request was returned with no action taken because there was no existing position vacancy due to surplus of officers in the grade of captain.  In Jun 45, the request was returned because applicant was eligible for relief from active duty under redeployment regulations.  

The applicant believes the reason he was ineligible for a terminal leave promotion was based on his efficiency index.  Therefore, applicant requested his report for the period 1 Jul 44 through 31 Dec 44 be voided due to an unfair rating of “very satisfactory.”  His request was approved on 12 Mar 52.  On 20 Mar 52, applicant requested reconsideration of terminal leave promotion to captain.  On 31 Aug 53, the Air Force Board of the Correction of Military records disapproved his request.

They have no recommendation should the board elect to grant relief to the applicant over their objection.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and provides a response, 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 probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he should be promoted to captain under the terminal leave provision.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. We agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice. Therefore, absent persuasive evidence to the contrary, we find no compelling basis upon which to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 31 May 2001, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Oct 00.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPO, dated 26 Feb 01.
	Exhibit D.	Letter, SAF/MIBR, dated 9 Mar 01.
	Exhibit E.	Applicant's response, dated 12 Mar 01.

	
	Panel Chair