RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02870
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for assignment to a general officer position.

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APPLICANT CONTENDS THAT:

It appears he was not considered for assignment to a general officer position because of an omission, non-intentional oversight, or misplacement of his documents.

In support of his appeal, the applicant provided copies of congressional correspondence, 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:

The applicant’s available military personnel records indicates that on 4 Sep 75 his name was placed on the United States Air Force (USAF) Retired List and he retired, effective 5 Sep 75, in the grade of colonel.  He was credited with 20 years, 4 months, and 7 days of service for retirement.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  

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AIR FORCE EVALUATION:

HQ USAF/REPS recommended denial noting that the applicant was notified on 20 Jul 62 and again on 1 Aug 63 that in each of these years his “Selection Folder” had been reviewed to determine “eligibility for consideration by a Reserve Screening Board for assignment of officers to General Officer Positions."  In both cases, the letters noted that the member’s folder did not contain a current photograph within one year of the board convening and requested that he provide the Air Reserve Records Center with one by a specific date.  In both cases, the applicant has noted that he complied with these requests.
 
According to HQ USAF/REPS, the 20 Jul 62 letter noted the following in paragraph 3.  “Since this board action is preliminary, no announcement of the board findings and recommendations will be released.  Assignment to general officer positions will be announced by Air Force orders subsequent to action of central selection board.”  The request for the first photograph was made in Jul 62 and requested that the photograph be forwarded by 26 Jul 62.  The request for the second photograph was made in Aug 63 and requested that the photograph be forwarded by 19 Aug 63. Since the photograph taken in Jul 62 would have not been within one year of the request for the photograph in Aug 63, this would explain why a new photograph was required for the 1963 board.

As previously noted, the Air Reserve Records Center was not going to make announcements of the board findings and recommendations.  Therefore, the fact that the applicant was not notified does not indicate or prove he was not properly considered either through omission, non-intentional oversight, or misplacement of his documents.

A complete copy of the HQ USAF/REPS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response indicating, in summary, that he is not seeking nor is he interested in the amount of financial retirement benefit between his present retirement compensation as a colonel and a general officer financial benefit.  He is only interested in the importance and significance of an assignment to a general officer position to him and his family after 34 years of active duty and reserve service.

Applicant’s complete response, with attachments, is 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.  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 (OPR) and adopt their rationale 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.  There is a presumption of regularity in the conduct of governmental affairs.  Other than his own uncorroborated assertions, no evidence has been presented which would lead us to believe that the applicant was not properly considered for assignment to a general officer position because of any omission, oversight, or misplacement of his documents.  In view of the above, and in the absence of sufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 02-02870 in Executive Session on 25 Mar 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ USAF/REPS, dated 16 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Oct 02.
    Exhibit E.  Letter, applicant, dated 31 Oct 02.