RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00078 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her husband be promoted to the grade of lieutenant colonel (0-5). _________________________________________________________________ APPLICANT CONTENDS THAT: She is not sure why her husband did not get promoted to lieutenant colonel and would like his records looked at to see if there could have been an error regarding his promotion. He was awarded the Air Force Commendation Medal (AFCM) and the Bronze Star Medal BSM. In support of her request, the applicant provides a copy of a physician’s letter and a personal statement. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force and was progressively promoted to the grade of major (0-4), having assumed that grade effective and with a date of rank of 21 Dec 65. He retired on 30 Sep 74 after serving 20 years, 3 months, and 23 days on active duty. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOO recommends denial. DPSOO states the application is untimely and should be dismissed as untimely. Furthermore, after a review of his records, it shows that he was fairly considered for promotion to lieutenant colonel. DPSOO notes that there is no evidence to show that there were any errors made by the promotion board when her husband was not selected for promotion to lieutenant colonel. The DPSOO complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s spouse reiterates her original contentions; however, she wants her husband’s Officer Evaluation Report (OER) examined to see why he would be promoted to major below-the-zone and then passed over on his first time eligible for lieutenant colonel. He completed the required professional military education, and as stated earlier, was awarded the BSM. She also requests she be provided a copy of his OER so she can try and determine for herself why he was not promoted. The applicant’s complete submission is at Exhibit E. _________________________________________________________________ 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 its rationale as the basis for our conclusion that the service member has not been the victim of an error or injustice. We note the applicant’s request to have her husband’s OER reviewed to find out why he was not promoted to lieutenant colonel and also to be provided a copy of the OER. However, we must point out that the burden of showing that a member is the victim of an error or injustice rests with the applicant. As such, the applicant has not provided sufficient evidence to show that the service member was the victim of error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 AFBCMR Docket Number BC-2011-00078 in Executive Session on 9 Aug 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Nov 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOO, dated 13 Jun 11. Exhibit D. Letter, SAF/MRBR, dated 1 Jul 11. Exhibit E. Letter, Applicant, dated 19 Jul 11. Panel Chair