RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02618
				INDEX CODE 131.00
		 		COUNSEL:  None

				HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of major effective 1 May 74 with back pay and an increased retirement pension.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not receive promotion orders and was not informed about his promotion.  He retired in 1974. He found the 27 Nov 73 letter from a major general, who has since retired, congratulating him on his promotion to temporary major. He provides a copy of this letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 28 Mar 53 and was discharged on 24 Jun 63 to accept a commission. He was commissioned as a 2nd lieutenant on 25 Jun 63. He was promoted to the temporary grade of 1st lieutenant on 25 Dec 64 and the permanent grade of 1st lieutenant on 25 Jun 66. He was promoted to the temporary grade of captain on 14 Mar 67 and the permanent grade of captain on 25 Jun 70.

The applicant retired in the grade of captain on 1 Mar 74.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records (Exhibit B), are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C). 

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO advises that, based on the applicant’s date of rank (DOR) as a captain, 14 Mar 67, he was eligible to meet the Fiscal Year 1974 (FY74) Temporary Major Selection Board, which convened on 17 Sep 73.  The applicant met the board and was selected for promotion to major, which would have been released in Nov 73. In accordance with AFR 36-89, commissioned officers promoted to a grade above captain incurred an active duty service commitment (ADSC) of two years beginning with the effective date of promotion. The sequence roster for the FY74 board indicates the applicant would have been promoted effective 1 May 74 with a DOR of 25 Apr 73.  Since the applicant was not on active duty to accept the promotion, special orders to effect the promotion were not published.  The applicant would have had to withdraw his application for retirement to accept the promotion. The applicant waited over 25 years before filing an application. Although it can be proven that he was selected for promotion and he was notified of his selection, there is no documentation to explain why the applicant did not withdraw his retirement and accept the promotion.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He never received formal notification of promotion; he only found the informal letter congratulating him from his commanding officer. This is a Catch 22 situation. If he had been notified of his selection for promotion, he would certainly have delayed his retirement to accept the promotion. However, since he was never notified, he did not have the opportunity to make the decision.  The notification was not published because he was retired. He retired because he was not notified. It is a circle.  The Board should find in his favor. He intends to dispute the recommendation to disapprove to the fullest extent allowed him under Air Force rules and regulations.

A complete copy of applicant’s response is at Exhibit E.

The retired major general who wrote the congratulatory letter provides a statement indicating he is sure the letter would not have been prepared and signed by him without a promotion board action.  He asserts the applicant was a productive worker in the hard task of programming computers in the early days.

A complete copy of the retired major general’s statement is at Exhibit F.

_________________________________________________________________

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 a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that he should be promoted to major effective 1 May 74 with back pay and an increased retirement pension. The applicant’s selection for promotion to major is not at issue. Clearly he was selected for promotion by the FY74 Temporary Major Selection Board, which convened on 17 Sep 73. Apparently he also was, in fact, notified of his selection since he possesses the 27 Nov 73 congratulatory letter he submits with his appeal; however, he retired on 1 Mar 74. As a result, there would be no promotion orders published because he did not withdraw his retirement and accept his promotion. In view of the foregoing, there is no basis to retire him in the higher grade.  The applicant has not established to our satisfaction that he was not notified in sufficient time to withdraw his retirement paperwork and accept his promotion. We therefore adopt the rationale expressed by the Air Force as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we conclude this appeal should be denied.  

_________________________________________________________________

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 this application in Executive Session on 6 Mar 03 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-02618 was considered:

   Exhibit A.  DD Form 149, dated 13 Aug 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 15 Oct 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
   Exhibit E.  Letter, Applicant, dated 19 Nov 02.
   Exhibit G.  Letter, Major General (Retired), dated 13 Jan 03.