RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01948
		INDEX CODE:  100.00
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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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 3 months short of having 10 years commissioned service and he will be forced to retire in his former enlisted grade.  By his calculations, this would cause him to lose almost $90,000 over a 10-year period.  He believes he is in this situation due to his failing to complete Professional Military Education.  He originally chose not to complete Squadron Officer School (SOS) and to retire; however, his thinking changed after his first nonselection and be became aware of the career implications.  His wife passed away on Veteran's Day 2003.  He is now a single parent trying to provide a stable environment for his son.  He does not wish to move and disrupt his son's education or psychological well-being.  

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

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STATEMENT OF FACTS:

Applicant served as an enlisted member from 27 Jul 83 through 17 Nov 94.  He was appointed a second lieutenant, Reserve of the Air Force on 17 Nov 94 and was voluntarily ordered to extended active duty on 18 Nov 94.  He was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 18 Nov 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 18 Nov 04.  The mandatory DOS puts him 3 months 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 technical 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) 42G, did not meet the eligibility criteria established for continuation at the CY03B continuation board.  The board only considered Biomedical Science Corps officers in AFSC 42P, 43H, and 43P.  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 the evaluator looks strictly at the numbers and literal interpretations of the regulations and does not attempt to discern the intent of such regulations.  He believes the regulations mean to identify officers that are not progressing at what would normally be the mid-point of their career.  Even in such cases, exceptions are made for the good of the Air Force or for personal hardship.  

This issue of not being able to retire as a captain is not an issue for those in the same career field that follow him, nor has it been for his predecessors.  He received career counseling and was told there would be no career repercussions if he was not interested in being promoted to major and did not go to SOS.  It had not been an issue as long as he would reach 20 years and had 10 years commissioned service.  He served with honor for 21 years and has always been an exemplary airman.  His complete response 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 do not believe 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.

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 issue 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-2004-01948 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 17 Jun 04, w/atchs.
    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 23 Jun 04.