RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01368
		INDEX NUMBER:  135.00
	XXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be allowed to retire in the grade of lieutenant colonel.

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APPLICANT CONTENDS THAT:

He does not believe that his total service as an officer in the Reserves and on active duty was considered for promotion to lieutenant colonel.  His Reserve date of rank (DOR) of captain was changed from 19 Nov 49 to Sep 52.  His recall to active duty as a captain from Sep 50 to Sep 52 was never considered.  This would have added two more years of active duty time in grade for promotion.

He recently learned that Reserve officers could be promoted to their next higher grade if qualified, which led him to review his records.  He believes that he should have been promoted to the next higher grade at retirement.  He was not aware of this policy when he retired.

In support of his appeal, applicant provides copies of his military record verifying his service history.

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

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant in the Army of the United States on 20 Sep 43.  He served on active duty until 1 Jan 46 and was released in the grade of first lieutenant.  The applicant enlisted in the Regular Army (RA) on 26 Mar 46.  He retained his commission as an officer in the Reserves.  The applicant was discharged from the RA on 25 Mar 49.  He then served on active duty in the Air Force from 26 Mar 49 to 16 Sep 50.  During this period, on 19 Nov 49, he was also promoted to the grade of captain in the Air Force Reserve.  On 17 Sep 50, the applicant entered active duty as a captain in the Air Force Reserve.  He was released from active duty on 10 Sep 52 due to the end of his voluntary indefinite status.  The applicant was called from inactive duty effective 11 Sep 52.  On 24 Nov 52, he was tendered an indefinite appointment in the Air Force Reserves.  On 21 Nov 56, the applicant was promoted to the grade of major in the Air Force Reserve.  On 31 Jan 57 the applicant was promoted to major in the Regular Air Force.  He retired from the Air Force effective 1 Jul 61.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial of the applicant’s request.  They discuss the dates of the applicant’s promotions based on the implementation of the Reserve Officer Personnel Act (ROPA) and the change for promotion for all Reserve officers from a point system to a specified amount of time spent in the previous grade.  The date that an officer was promoted to a certain grade was established as the Promotion Service Date (PSD).  After the completion of the phase in of ROPA, the eligibility for promotion to lieutenant colonel was established as 7 years time in grade as a major and 21 total years of service.  The applicant’s PSD was 21 Nov 56 and his Total Years of Service Date (TYSD) was 20 Sep 43.  The first promotion board that the applicant would have been eligible for consideration for promotion to lieutenant colonel was conducted on 2 Mar 64, three years after he retired (PSD of 30 Jun 58 or sooner and a TYSD of 30 Jun 44 or sooner).  Therefore the applicant never met the eligibility requirements for promotion to lieutenant colonel.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 Jun 03 for review and comment within 30 days.  To date, a response has not been received.

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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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of 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 Docket Number BC-2003-01368 in Executive Session on 4 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPB, dated 27 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 03.