RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-00200
								INDEX CODE:  100.00
		 						COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  31 July 2007

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant colonel.

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APPLICANT CONTENDS THAT:

Although he qualified for promotion to the grade of lieutenant colonel, while serving in the active reserve, his rank of major was “temporarily frozen”.  No notice of the lifting of the “freeze” was ever given.  

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was selected for promotion by the Fiscal Year 1963 (FY 63) Major Promotion Board, with a Promotion Service Date (PSD) of 1 July 1962.  He was assigned to the Inactive Status List Reserve Section (ISLRS) on 21 September 1966 and to the Retired Reserve on 1 July 1968.

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AIR FORCE EVALUATION:

ARPC/DPB recommends the application be denied and states, in part, that promotions were never “frozen,” or held back at any time after the implementation of the Reserve Officer Promotion Act (ROPA).  Applicant was never eligible for promotion to lieutenant colonel.  Based on his PSD to major, his first eligibility for promotion consideration to lieutenant colonel was by the FY 70 Lt Col Board; however, he had already been retired for seven months and was ineligible for consideration.

The ARPC/DPB evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A few months of missing active duty service stands in the way of his promotion.  The Board should consider that his is 81 years old, the cost to the government cannot be too severe, four member’s of his family have served their country, his brother is a former Prisoner-of-War (POW), and he is the father to seven son’s who are subject to recall.

Applicant’s 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 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt it’s rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of 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 Docket Number BC-2006-00200 in Executive Session on 22 March 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 10 Feb 06, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.
    Exhibit E.  Letter, Applicant, dated 23 Feb 06.