RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01764
		INDEX CODE:  100.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be offered continuation in the grade of captain so that he may reach the sanctuary.

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APPLICANT CONTENDS THAT:

He was twice non-selected for promotion to the grade of major and a mandatory date of separation (DOS) of 31 Aug 04 was established.  The mandatory DOS puts him 30 days short of having 10 years commissioned service and he will be forced to retire in his enlisted grade that he held almost 10 years ago.  By his calculations, this would cause him to lose almost $20,000 a year in retirement benefits.  This would impose a great financial hardship on his family.  Having served faithfully for 23 years this would be a severe punishment for his nonselection for promotion.  

In support of his request, applicant provided a personal statement.  His complete submission, with attachments is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served as an enlisted member from 29 Sep 81 through 29 Sep 94.  He was appointed a second lieutenant, Reserve of the Air Force on 30 Sep 94 and was voluntarily ordered to extended active duty on that same date.  He was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 30 Sep 98.  He was considered and not selected for promotion to the grade of major for the second time by the Calendar Year 2003B (CY03B), Central Major Selection Board and was not selected for continuation by the CY03B Captain Selective Continuation Board.  As a result, a mandatory DOS of 31 Aug 04 was established. 

He will have 10 years of total active federal commissioned service on 30 Sep 04.  The mandatory DOS puts him 1 month short of eligibility to retire as an officer.  He has more than 20 years total active federal military service and is eligible to retire as an enlisted member in the grade of staff sergeant.  After 30 years of service (active service time plus time on the retired list) he may be advanced to the highest officer grade satisfactorily held on active duty.  

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states his Air Force Specialty Code (AFSC) 33S, did not meet the eligibility criteria established for continuation at the CY03B continuation board.  The board only considered rated line officers with a valid rate distribution and training management code and non-rated line officers in AFSC 61SX and 62EX.  His Officer Selection Record reveals no derogatory data that would have prevented him from being selected for continuation.  The DPPPO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states granting him a 30-day continuation will mean that he still retires at the end of the fiscal year and any change in manning will be miniscule.  He has the support of his chain of command and is only asking for 30 days, not months or years.  His complete submission is 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we do not find his contentions sufficiently persuasive to override the rationale expressed by the Air Force.  While we are not without sympathy towards the applicant's circumstances, we are not persuaded that based on his proximity to reaching 10 years of total active federal commissioned service he has been the victim of an injustice nor do we find evidence that he was treated differently from similarly situated individuals.  We note that upon reaching 30 years of service, he will be advanced, for pay purposes, to the grade of captain.  Therefore, 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.  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-2004-01764 in Executive Session on 15 Jul 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letter, Applicant, dated 1 Jul 04.