RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03153
		INDEX CODE:  131.09
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His grade on the Reserve retired list be advanced to colonel rather than lieutenant colonel.

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APPLICANT CONTENDS THAT:

His last billet on active duty was that of Deputy Commander of Personnel.  That position was reserved for the grade of colonel.  He was selected for this assignment over numerous applicants; unfortunately he was not advanced to the grade of colonel because he had reached a total of 28 years and 30 days, requiring mandatory retirement.  

In support of his request, applicant provided a copy of an Officer Effectiveness Report, a copy of a Letter of Evaluation, a summary of his career, a publication article, a letter written to his Congressman, and a copy of the Air Forces Escape and Evasion Society Magazine.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant initially served in the Enlisted Reserve Corps, United States Army, from 17 Jun 42 to 23 Jun 43.  On 24 Jun 43, he was appointed a second lieutenant in the Army Air Corps.  He continually served without a break in service.  On 30 Jun 69, he was promoted to the Reserve grade of lieutenant colonel.  On 23 Jul 71, he was transferred to the Retired Reserve in the grade of lieutenant colonel.  He began drawing retired pay on 12 May 82. 

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states that the applicant provided no documentation to show he was ever promoted to the grade of colonel and states he was never advanced to colonel.  His records reflect he was never promoted to the grade of colonel.  The highest grade he held during his career was lieutenant colonel and he is receiving retired pay in the correct grade.  The DPP 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 21 Nov 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 that would warrant advancement of the applicant's grade on the Reserve retired list.  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 that the highest grade held by the applicant was lieutenant colonel and he was retired in the correct grade.  Evidence has not presented which would lead us to believe otherwise.  Therefore, we adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 AFBCMR Docket Number BC-2003-03153 in Executive Session on 8 Jan 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 10 Nov 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.