RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02209
		INDEX CODE:  131.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be promoted, retroactively, to the grade of Master Sergeant (MSgt/E-7).

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APPLICANT CONTENDS THAT:

He was eligible for promotion to MSgt and fully expected to meet a promotion board.  He had satisfied all requirements including all professional military education (PME), time in grade, and time in service.  The promotion board met in September 1996 but his name was not selected to go before the board.  Upon further investigation, he found his commander had suddenly been relieved of his duties and shortly thereafter dismissed from the XXXXXX Air National Guard (XX ANG) on sexual harassment charges.  His commander had not submitted his name to the promotion board.

In support of his appeal, the applicant has provided a personal statement a letter from his congressman, and a response to the congressman’s letter.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was discharged from the XX ANG, and transferred to the Retired Reserve list effective 26 September 1997 as a technical sergeant (TSgt/E-6).

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states the applicant’s records contain no evidence to support his statement that he was ever recommended for promotion.  Additionally, there was no documentation found regarding the allegation the applicant’s former commander was ever relieved of his duties.  The NY ANG holds that had an oversight been committed regarding his promotion, it would have been corrected during the year that passed between the time the board met and the applicant retired.  There is no substantiation of the applicant’s claim in his record or in his application.

DPPI’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National Guard evaluation was forwarded to the applicant on 31 October 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  After a thorough review of the evidence of record and applicant's submission, we do not find his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Therefore, in the absence of persuasive 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 BC-2003-02209 in Executive Session on 10 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jun 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 2 Oct 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.