RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01777
		INDEX CODE:  131.00

		COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect his date of rank (DOR) to the grade of captain was 1954 rather than 1955.

His date of rank for the grade of major be effective the date of the 1962 cycle.

He be promoted to the permanent rank of lieutenant colonel effective the date of the 1966 promotion cycle and he be retired in that grade as of 1 October 1967.

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APPLICANT CONTENDS THAT:

His career was damaged beyond repair while undergoing B-29 combat crew training during the first lieutenant to captain promotion cycle of 1954.  He was in the permanent change of station (PCS)/Pipeline status during training.  His records were forwarded to his new assignment, who had the responsibility of sending his records to the promotion board for consideration, they failed to do so.

At a reunion in May 2003, he was informed by classmates who were similarly situated that following an investigation by the Inspector General (HQ USAF/IG), they were promoted to captain with the adjusted date of rank.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the US Naval Reserve on 8 Jan 44 and was discharged on 1 Jun 47.  He enlisted in the US Air Force on 26 Mar 49 and served until his commission on 11 May 50.  He entered active duty in the grade of second lieutenant on 12 May 50.  He was promoted to the temporary grade of first lieutenant (USAF) on 29 Nov 51; to the permanent grade of first lieutenant (USAFR) on 17 Jun 53.  His promotion to the temporary grade of captain (USAF) was effective 12 Oct 55; and permanent grade of captain (USAFR) on 10 Feb 56.  Applicant was promoted to the permanent grade of major (USAFR) on 12 May 64.

He retired in the grade of major on 1 Oct 67.  His highest grade held on active duty was captain.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this application and recommended denial.  Applicant met the CY63 Temporary Major Promotion Board and was nonselected.  He was promoted to the grade of major on 12 May 64 and retired in the highest grade held, major.

He has not provided any evidence to support his contention that he should have been promoted by the 1954 captain cycle.  They believe the applicant met the eligibility criteria for promotion, however, there is no documentation available to show whether he met the board and was nonselected, whether he was overlooked, or he was found not yet qualified for promotion.  In addition, promotion to captain was not automatic, i.e., approximately 12,450 first lieutenants were eligible for promotion to captain and only 5,100 were promoted.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and disagrees in part with the evaluation.  He believes because he did not receive notification of his nonselection for promotion to captain, during the 1954 captain’s cycle, proves to be the best evidence he was overlooked and not considered for promotion for that board.

Applicant’s complete response, with attachments, 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 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 complete submission, we are not persuaded that his assertions, in and by themselves, are sufficiently persuasive to override the rationale provided by the Air Force.  The appropriate Air Force office has addressed the issues presented by the applicant and we are in agreement with its opinion and recommendation.  Therefore, we 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.  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-2004-01777 in Executive Session on 15 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Apr 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 15 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.
    Exhibit E.  Letter, Applicant, dated 10 Nov 04, w/atchs.