RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03768
INDEX CODE:  131.00
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT: 

He be promoted to captain, if justified.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He just noticed that he had enough points required for promotion from first lieutenant to captain.  There was no promotion action completed at the time of his separation.  He’s not sure if his promotion is warranted or not.  

In support of his application, he provides a document that details point requirements for promotion in the United States Air Force Reserve (USAFR) and a copy of his point summary.  The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 November 1942, the applicant enlisted, at the age of nineteen, in the Air Force Enlisted Reserve Corps of the Army in the grade of private.  He was appointed an aviation cadet on 28 January 1943.  Having successfully completed training, he was honorably discharged from enlisted status on 31 August 1943 and his appointment as an aviation cadet was terminated.

On 23 May 1944, the applicant was appointed a second lieutenant, Army of the United States (AUS), Air Corps.  He was ordered to active duty on that same date.  On 4 June 1945, the applicant was promoted to First Lieutenant, AUS.

On 28 February 1946, the applicant was tendered appointment in the Officer’s Reserve Corps, Army of the United States.  On 23 March 1946, he was relieved from active duty and reverted to an inactive Reserve status.  He was credited with 1 year and 10 months of active duty commissioned service.  From 1 July 1949 through 1 April 1953 (his date of separation in the USAFR), he was not affiliated with any USAFR organization.  The applicant’s AF Form 190, USAF Reserve Personnel Record Card for Retention, Promotion and Retirement, for the years ending 30 June 1950, 30 June 1951 and 30 June 1952 reflected only membership points were awarded; no actual participation was completed.  His year ending 1 April 1953 reflected 1 educational point and 12 membership points awarded.  

On 12 December 1952, the applicant declined an indefinite term appointment as a Reserve officer in the United States Air Force.  On 14 January 1953, Air Force Reserve Order Number 9 terminated the applicant’s commission effective 1 April 1953.  His total active federal commissioned service (TAFCS) was 1 year, 10 months and 2 days.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states that even though the applicant did meet time-in-grade and point requirements, he did not have an USAFR assignment.  Air Force Regulation (AFR) 45-5, Organizational Composition, and Assignment, Promotion, Transfer and Retention of Officers, dated 16 March 1946, details the full requirements for promotion in the USAFR.  Without a USAFR assignment, the applicant did not have a commanding officer or occupy a higher graded vacancy; therefore, not meeting all the requirements of AFR 45-5 and making him ineligible for promotion.  The DPPRRP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 February 2003 for review and response (Exhibit D).  As of this date, this office has received no response.

_________________________________________________________________

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.  While the applicant did meet the time-in-grade and point requirements for promotion to captain, he did not have a USAFR assignment.  Without the USAFR assignment, he was ineligible for a recommendation from a commanding officer nor did he occupy a higher graded vacancy, both of which were required for promotion.  In view of the above and absent evidence showing the contrary, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  While we are not unappreciative of the applicant’s accomplishments in the service of his Nation, we have no basis on which to favorably consider his 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 this application in Executive Session on 28 May 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2002-03768 was considered:

     Exhibit A.  DD Forms 149, dated 21 Nov 02 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 31 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.