RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00566
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to reflect his promotion to the grade of major and award of the Distinguished Flying Cross (DFC) and Air Force Commendation Medal (AFCM).

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APPLICANT CONTENDS THAT:

His records did not reflect his promotion to the grade of major and award of the DFC and AFCM.

In support of his appeal, the applicant provided a statement indicating his selection for promotion to the grade of major.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant's available military personnel records indicate that the applicant was recalled to active duty on 10 Mar 51 in the grade of first lieutenant.  

On 8 Dec 58, his name was placed on the Temporary Disability Retired List (TDRL) in the grade of captain.  He was credited with 16 years, 10 months, and 13 days of total service; and, 12 years, 4 months, and 17 days of total active service.

Applicant was selected for promotion to the grade of major, Air Force Reserve, with an effective date of 1 Apr 60.

On 31 May 60, his name as removed from the TDRL, and he was discharged by reason of physical disability, with entitlement to severance pay.

On 13 Sep 60, the applicant was advised by HQ USAF that since he was not in an active status on the effective date of his promotion, he was not eligible for promotion in accordance with the law.

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AIR FORCE EVALUATION:

AFPC/DPPPO stated that their research indicated the applicant was not medically retired from active duty, nor could his name be found on the retired file or the National Personnel Records Center (NPRC) microfiche.  They believe he may have been on active duty with the Air Force Reserve and that the Air Force Personnel Center (ARPC) should make the determination whether the promotion was valid.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit C.

AFPC/DPPPR recommended denial of the applicant's request for award of the DFC and AFCM indicating that the applicant did not provide any documentation showing he was recommended for or awarded the DFC, even after being requested to do so.  They could not verify his eligibility for the DFC.

AFPC/DPPPR noted that the applicant's belief that he should have been awarded the AFCM (or Air Force Achievement Medal (AFAM)) based on the Certificate of Achievement he provided.  According to AFPC/DPPPR, Army regulations provided for award of the Army Commendation Medal based on a Letter of Commendation signed by a major general or general officer of higher rank.  The applicant has not provided such a letter.  There was no date on the certificate, or any documentation showing when or why it was awarded.  The applicant did not provide any documentation showing he was not recommended for the AFCM or AFAM, nor did he provide any justification for waiting over 40 years to claim additional decorations.

A complete copy of the AFPC/DPPPR evaluation, with attachments, is at Exhibit D.

ARPC/DPB recommended denial of the applicant's request for promotion to the grade of major indicating that his separation to a retired status prior to the effective date and/or date of rank negated his possibility of promotion.  An officer in a retired status is no longer in an active status.  Since the applicant was not in an active status, he was not eligible for promotion to the grade of major.

A complete copy of the ARPC/DPB evaluation, with attachment, is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response and additional documentary evidence, which are attached at Exhibit G.

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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.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation submitted in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility (OPRs).  No evidence has been presented which shows to our satisfaction that the applicant was eligible for promotion to the grade of major, or was entitled to award of the DFC, AFCM, or even the AFAM.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we agree with the recommendation of the OPRs and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

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 BC-2003-00566 in Executive Session on 23 Sep 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jan 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 28 May 03.
    Exhibit D.  Letter, AFPC/DPPPR, dated 22 Jul 03, w/atchs.
    Exhibit E.  Letter, ARPC/DPB, dated 8 Aug 03, w/atch.
    Exhibit F.  Letter, SAF/MRBR, dated 15 Aug 03.
    Exhibit G.  Letter, applicant, dated 2 Sep 03, w/atchs.

                                   
                                   Panel Chair