RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2004-01387
						INDEX CODE:  131.00
    						COUNSEL:  
    						HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of colonel (0-6) with all back pay and allowances and he be awarded the Korean War Service Medal for his service during the period 25 June 1950 through 27 July 1953. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1980 through 1982, he was eligible for promotion to 0-6 but was not promoted.  He believes this is an error and that he should have been promoted.  Upon additional research, he discovered that he did not receive any Officer Evaluation Reports from 1978 through 1982.  In 1984, he retired at the mandatory age of 60.  In regard to the Korean War Service Medal, he served during the authorized period and would like the medal to be awarded to him.  

In support of his request, applicant provides a personal statement and copies of his Officer Effectiveness Reports for the period beginning 1 September 1952 and ending 30 September 1978.  His submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was a Reserve officer who, on 3 June 1979, was assigned to the Retired Reserve Section (maximum service allowed for his grade) awaiting Retired pay at age 60 (6 December 1984).  His assignment to the Retired Reserve Section was in the grade of lieutenant colonel.  He was credited with 28 years of commissioned service and 26 years, 3 months and 11 days of satisfactory Federal service.  His last recorded active participation was on 29 April 1978.

On 24 May 2004, after a review of his military personnel record, the Separations Branch, determined the applicant was entitled to the Korean War Service Medal.  

The following is a resume of the applicant’s Officer Effectiveness Reports (OERs) in the grade of lieutenant colonel.

	PERIOD ENDING	OVERALL EVALUATION

	 22 Sep 1972	       7-2
	 12 Oct 1973	       8-3
 * 22 Nov 1974	       9-4
 # 18 Feb 1977	      2-2-3
** 30 Apr 1978	      3-3-3

NOTE:

 * - Top report on file at the 4 August 1975 and the 4 October
     1976 Reserve Colonel Overall Vacancy Selection Boards.

 # - Top report on file at the 3 October 1977 Reserve Colonel
     Overall Vacancy Selection Board.

** - Top report on file at the 2 October 1978 Reserve Colonel
     Overall Vacancy Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends the application be denied.  DPB states that the applicant was considered but not selected for promotion to the grade of colonel by the USAFR Colonel Overall Vacancy Boards conducted 4 August 1975, 4 October 1976, 3 October 1977 and 2 October 1978.  By law, he was ineligible for any promotion consideration after the board that convened on 2 October 1978.  Effective 3 June 1979, the applicant was no longer in an active status and could not participate, receive OERs, nor be considered for promotion.  DPB states that in 1984, the applicant attained age 60 and began drawing retired pay.

The ARPC/DPB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On behalf of the applicant, counsel states that the advisory opinion fails to address the main issue of contention - evidence that anyone looked into the fact that two (2) OERs were missing, and the effect that this would have on a promotion board.  The counsel’s letter is at Exhibit E.

_________________________________________________________________

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 the applicant’s submission, we are not persuaded that his considerations for promotion to colonel or his retirement in the grade of lieutenant colonel were erroneous or unjust.  The applicant claims two performance reports were missing from his selection record when he was considered for promotion.  His last performance report closed out on 30 April 1978 and the record indicates it was seen as the top report on file by the 2 October 1978 selection board.  The law mandated his retirement in 1979 and, therefore, he was not eligible to receive additional performance reports or be considered for promotion by later boards, as he seems to believe.  Other than his own assertions, the applicant has provided no documentary evidence that would lead us to believe that the selection record placed before the four boards that considered him for promotion was inaccurate or incomplete.  This being the case, we have no basis on which to favorably consider the applicant’s request for a direct promotion to and retirement in the grade of colonel.

4.  In regard to the applicant's request for the award of the Korean Service Medal, we note that on 24 May 2004 the Air Force Personnel Center, Separations Branch, corrected his record to reflect the Korean Service Medal.  Therefore, no action by the Board on this portion of his application is required. 

5.  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 issue involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 11 August 2004, under the provisions of AFI 36‑2603:

The following documentary evidence related to AFBCMR Docket No. BC-2004-01387 was considered:

     Exhibit A.  DD Form 149, dated 21 Apr 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 25 May 04.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 04.
     Exhibit E.  Letter, Counsel, dated 1 Jul 04.

F