RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBERS:	BC-2008-01984 INDEX CODE:	100.05
XXXXXXXXXXXXXXX	COUNSEL: NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His records be corrected to reflect the correct dates of rank, his records meet the next Colonel’s Promotion Board, and he be approved for an exception to policy waiver to extend under Title
10 United States Code Section 14703.

APPLICANT CONTENDS THAT:
Previous corrections to his records were incomplete which led to his non-selection for promotion to Colonel. He applied for an exception to policy waiver for retention; however, no action has been taken.

In support of his appeal, the applicant provides a personal statement; documentation requesting retention; Air Force Board for Correction of Military Records (AFBCMR) Directive BC-1992- 01393, dated 24 July 1992; personal information sheet; and a Promotion Recommendation Form.

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

STATEMENT OF FACTS:
According to the Military Personnel Data System (MilPDS), the applicant was transferred to the Retired Reserve effective 1 July 2008, in the grade of lieutenant colonel (O-5). His Mandatory Separation Date was 1 July 2008. He served 23 years, 2 months, and 24 days of satisfactory service and is eligible to receive retired pay when he reaches age 60 on 13 September 2015.

The remaining relevant facts are included in the Air Force advisory opinion at Exhibit B.

AIR FORCE EVALUATION:
ARPC/DPB recommends denial of the applicant’s request for meeting the next (October 2008) colonel’s promotion board.	DPB states

that as far as his request for retention, the applicant must submit an application for retention through his rating chain, numbered Air Force, Reserve Surgeon General’s office (AFRC/SG), and Headquarters Air Force Reserve, to the office of the Secretary of the Air Force (SAF). This application can be stopped at any level prior to submission to SAF. As of this date, AFRC/SG has not received an endorsed application recommending the applicant for retention.

DPB states the applicant was considered and not selected by the Fiscal Year (FY) 2007 and FY 2008 Line and Non-line Air Force Reserve Colonel Promotion Selection Boards that convened on October 2006 and 2007, respectively. The errors seen by the applicant include dates of rank that were not corrected based on AFBCMR Case BC-1992-01393. These errors are now corrected. However, dates of rank, whether current or previous, are not available to a  promotion selection board. Therefore, the incorrect information had no impact on the applicant’s select/non-select status. Promotion selection boards have evaluations, decorations, and a one-page snap shot of the officer’s career to use when reviewing an officer’s record for promotion. The applicant is scheduled to separate prior to the October 2008 promotion board; therefore, he is not eligible for consideration.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13 June 2008, for review and comment within 30 days. As of this date, this office has received no response.

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. In reference to the applicant’s request for an exception to policy waiver for extending his mandatory separation date, we note he has not applied for the extension through his chain of command and therefore has not exhausted his administrative remedies as required by Air Force Instruction 36-2603, Air Force Board for Correction of Military Records. In reference to the applicant’s request for his records to meet the next colonel’s promotion board due to errors in his dates of rank, we note that the Air Force  office  of  primary  responsibility  indicates  that  the
1.	
applicant’s dates of rank have now been corrected; however, dates of rank are not available to the promotion selection board and have no impact on the applicant’s selection/non-selection. Therefore, in view of the above, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our decision. Accordingly, the applicant’s requests are not favorably considered.

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 issues 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 19 August 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The	following	documentary	evidence	was	considered	for	AFBCMR Docket Number BC-2008-01984:

Exhibit A.	DD Form 149, dated 21 May 08, w/atchs. Exhibit B.	Letter, ARPC/DPB, dated 5 Jun 08, w/atch. Exhibit C.	Letter, SAF/MRBR, dated 13 Jun 08.