RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01079
		INDEX CODE:  131.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to show promotion to the rank of Lieutenant Colonel (LTC) and/or he be given a special selection board (SSB).

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APPLICANT CONTENDS THAT:

He was non-selected by the LTC promotion board P0502B.  His four and one-half year break in service had an effect on the decision process for his promotion, and he is requesting his records be corrected to show he was promoted to the rank of LTC.  His reason for leaving and subsequently returning to the Air Force were neither frivolous nor impulsive.  He did not resign due to unhappiness or dissatisfaction with the Air Force, but to resolve a family issue.  Once he fulfilled his family obligations, he elected to return to active duty.

In support of the application, the applicant submits demographic data for officer promotion to LTC for Air Force members with a break in service, and LTC selection results for his IPZ and APZ boards.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates that the applicant was released from service on 1 March 1991 and returned on 3 October 1996.  Based on his break in service his Total Active Federal Service Date was adjusted to 9 February 1988.  He was integrated into the Regular Air Force on 1 September 1998 in the grade of Major.  The following is a resume of his Officer Performance Report ratings commencing with the report closing 28 February 1990.

PERIOD ENDING	PERFORMANCE STANDARDS

28 Feb 1990 (Capt)		Meets Standards (MS)
30 Mar 1991			MS
*2 Oct 1996		AF Form 77
17 Mar 1997			MS
02 Jan 1998			MS
31 Dec 1998 (Major)		Education/Training Report
31 Dec 1999			MS
31 Dec 2000			MS
4 Jun 2001			MS
#4 Jun 2002  (1st Board)			MS
**8 Apr 2003 (2nd Board)			MS
01 Mar 2004			MS

Note:	* - Documents break-in-service.

		# - Top report on file at the CY02B Lieutenant Colonel
			Selection Board, which convened on 12 Nov 2002.

		** - Top report on file at CY 03A Central Lieutenant Colonel
			Selection Board, which convened on 8 Jul 2003.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. 
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AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends denial.  DPPPO notes the applicant had two nonselections to the grade of lieutenant colonel.  Based on the member’s application, DPPPO states they cannot determine which is the specific error the member is trying to correct in his record, but assume the applicant is referring to his nonselection for promotion as a result of his break in service.  DPPPO states the board members took into consideration a variety of factors to include job performance, leadership, professional development, depth and breadth of experience, job responsibility, specific achievements, as well as the applicant’s letter to the P0502B board president explaining the reason for his break in service.  DPPPO opines the Air Force has many officers, who for a variety of reasons do not follow a typical career path; however, many of these officers progress and do very well when meeting promotion boards.  DPPPO concludes the applicant’s record does not warrant direct promotion, nor does it warrant further SSB consideration.  DPPPO’s evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the AF evaluation and disagreed with their assessment of his case.  He reiterated and elaborated on his initial arguments.  In support of his request, the applicant faxed a copy of a letter from his senior rater on report ending 8 April 2003, and a copy of a letter from his rater on reports ending 4 June 2002 and 8 April 2003.  The applicant’s response and additional documents are at Exhibit E.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant feels his four and one-half year break in service was the reason for his not being selected during the promotion process.  However, we do not believe the applicant’s voluntary decisions to seek separation for personal reasons and to return to the Air Force some years later warrant approval of extraordinary relief in the form of a direct promotion.  It should be noted that he was selected for promotion to the grade of major by the board that reviewed his record, which included his break in service.  Additionally, the applicant had accrued seven OPRs by the time he was first considered for promotion to lieutenant colonel.  Hence, it is our opinion the selection boards had at their disposal an adequate record on which to base their determinations concerning his promotability in relation to his peers.  In view of the above and in the absence of evidence by the applicant showing the record reviewed by the CY 02B and CY 03A Lieutenant Colonel Selection Boards was erroneous or inaccurate, 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-2004-01079 in Executive Session on 28 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Mar 04, w/attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPO, dated 30 Jun 04, w/attachments.
	Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.