RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00337 COUNSEL: NONE HEARING DESIRED: NO __________________________________________________________________ APPLICANT REQUESTS THAT: His non-selection for promotion to first lieutenant (O-2) be revoked and that he receive rank and privileges for a 30-year career. __________________________________________________________________ APPLICANT CONTENDS THAT: The promotion board that considered him was influenced by some contrived and erroneous Air Force Forms 1085, Reserve Officer Training Performance Report. He would have given the Air Force Reserve a full 30 years of participation had he not had a particular Commanding Officer (CO) early in his career. He believes he did qualify for rank(s) by virtue of his civilian occupation and other qualifications. In support of his appeal, the applicant provides a personal statement; and copies of an American Legion information document on discharge dispute; Air Force Pamphlet 36-2607, Applicant’s Guide to the Air Force Board for Correction of Military Records (AFBCMR); military personnel and flight records; college diploma; a civilian employment verification letter; and civilian flight records. The applicant’s complete submission, with attachments, is at Exhibit A. __________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Louisiana Air National Guard (ANG) and United States Air Force Reserve (USAFR) with prior enlisted service in the United States Navy Reserve. On 28 January 1955 he was discharged from the ANG and entered active duty to attend pilot training as an Aviation Cadet. On 11 May 1956, following his completion of Basic Flying School, he was honorably discharged from active duty and tendered an appointment as a second lieutenant (O-1) in the Louisiana Air National Guard and as a Reserve Officer of the Air Force effective 12 May 1956. His Reserve Officer Training Performance Reports for the periods 12 May 1956 to 14 June 1957, and, 15 June 1957 to 31 December 1957, indicate the applicant was “not considered promotional material at this time” on both reports as recommended by his reporting official and concurred with by the indorsing official. The record shows he was subsequently transferred from the ANG to the USAFR effective 31 December 1957. He then applied for a Category E, non-paid/points only USAFR position and obtained the assignment effective 25 September 1958. He completed training for a new career field and was awarded qualification in a secondary Air Force Specialty Code (AFSC) effective 23 April 1959. He never returned to flying status while in the USAFR. On 20 June 1960, the applicant was discharged from all appointments based on his non-selection for promotion and the expiration of his Military Service Obligation. __________________________________________________________________ AIR FORCE EVALUATIONS: ARPC/DPB recommends denial. DPB states that when the review board considered the applicant for promotion, he held a rated AFSC, but was not in a rated position, nor was he performing duty. It wasn’t until May 1959 that he became qualified in his second AFSC and began performing in that capacity. The promotion review board considered him as a pilot who was not participating in any duties and who received below mid-range performance reports. When examined for promotion by the second lieutenant (O-1) review board, he was found not qualified to be promoted to the grade of first lieutenant and was subsequently discharged. The fact that a civilian airline hired him as a pilot and he had a successful civilian career does not conversely apply to his military career. The complete DPB evaluation is at Exhibit C. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The two Air Force Forms 1085s he received from his rating chain reflecting “not recommended for promotion” was an injustice to both him and the Air Force. Had he not suffered such an injustice, he would have had a successful career in the ANG/USAFR, perhaps reaching the grade of brigadier general (O-7), as well as having a very successful commercial airline career, as numerous members have done. The applicant’s complete rebuttal is at Exhibit D. __________________________________________________________________ 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 an error or an 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 the applicant has not been the victim of an 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-2011-00337 in Executive Session on 12 October 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-00337: Exhibit A. DD Form 149, dated 27 Dec 10, w/atchs. Exhibit B. Letter, ARPC/DPB, dated 25 Mar 11. Exhibit C. Letter, SAF/MRBR, dated 1 Apr 11. Exhibit D. Letter, Applicant, dated 20 Apr 11, w/atchs. Panel Chair